exparte order of holding enquiry
Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
res selected as anganwadi worker , working since last 3 years ...didnot recieve any notice ... writ disposed of, exparte order passed, whereby directing the authorities to find the factual position ...can this be challenged in LPAor review of the same shd be asked
Parveen Kr. Aggarwal
(Expert) 07 March 2010
If the writ petition is disposed of by simply passing an order directing the authorities to find the factual position, why you want to challenge the same in LPA or wants its review. If the authorities have been directed to find out the factual position the same need not be opposed. Otherwise also, there are remote chances for setting aside of such an order either in LPA or in review.
B K Raghavendra Rao
(Expert) 07 March 2010
Only the High Courts have writ jurisdiction and therefore, it is presumed that your writ is disposed off by the High Court. In High Courts, unlike trial courts, petitions would be disposed off on merits of the case. Therefore, you cannot say injustice has been caused due to non-appearance. However, the court has passed orders most appropriately only to find factual position. Under the circumstances, you have nothing to challenge.
Guest
(Expert) 08 March 2010
I agree with Mr. Raj Kumar Makkad. Without full details, it is difficult to give concrete reply.
You sought some relief in your writ petition. This writ petition has been disposed off in the absence of yourself or your advocate with certain remarks by the court and that disposal order is not upto your satisfaction and you are still feeling grieved as your prayer is not granted. "Directing the executive to find factual position" is not a relief at all.
Remedy is concerned, you have got both the remedies. Filing a review petition or file an L.P.A. before the Division Bench. Again I say, without seeing the order, I cannot suggest any one remedy. If you want concrete advice, send the order by P.M.
