Penalty effectiveness

jayesh sinha (Querist) 29 July 2012 This query is : Resolved
A vigilance case was thrust on me in year 2007 and enquiry done my basic was rs 16000 in year 2007and the enquiry was made final and penalty imposed in year 2012 at this time my basic is rs 17280/- my question is why should i suffer due to administrative delay in deciding my case after 5 years if at all penalty to be imposed upon me it should be done at my basic of rs 16000/- in year 2007 so that my monetary loss would be less waht is the remendy or solution do all legal experts agree to my decision wahat should i do

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Sudhir Kumar, Advocate (Expert) 29 July 2012
what was the reasons for continuation of inquiry for five years.

did you at any time challange undue delay.

Guest (Expert) 29 July 2012
A penalty cannot be made effective from a date prior to the date of issue of the order. You may better submit an appeal first against the penalty order to the appellate authority within the specified period. If not satisfied, you may challenge the penalty order/ appellate authority's decision in the court of law or CAT/SAT, if not satisfied with the decision.

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