grant of STAY having compulsory retired in Discp. case
Querist :
Anonymous
(Querist) 03 December 2010
This query is : Resolved
D/Sirs,
Having not satisfied with earlier reply, again Q.
M. S was removed (compl retired )in June 2009 from service (Rlys)in adisciplinary case for unauthorised absence, he filed appeal with reminder then Revision. No action was taken by the Appelate &R4vising Authority, till CAT ordered to dispose of pending Appeal, which was regretted on a back date in July 2010.filed revision quickly in July2010, Regretted in August2010. Hence filed again OA.admitted in Sept 2010.CAT ignored Interim Stay of effected compl. retirement.
Due to these, no STAY got. Now ,Q is, can High Court grant Stay order already effected?
s.subramanian
(Expert) 03 December 2010
No. You have to fight before the CAt on merits.
Querist :
Anonymous
(Querist) 07 December 2010
Sir
refer yr advice dt 3.12. CAT did not LISTEN at all the interim prayer rather threatened to dismiss OA if interim is insisted in view of Supreme court order.G. Robinson's case decided by Madras High Court. MS.Bindra case decided by Supreme court were to be cited by Advocate.
OA has been admitted but no LISTENING by CAT. Here Q is, can this NON LISTENING by CAT be challenged in High Court only for interim Stay ? Thanks
