Erroneous judgement
brijesh sharma
(Querist) 11 May 2017
This query is : Resolved
Allahabad High court passed erroneous judgement dated 06.07.2016 in W.P. (C) No. 43400/2002. Against this judgement SLP civil No. 34506/2016 filed by me was dismissed limine on 02.12.2016. SLP Civil CC No. 4489/2017 filed by Government revert back to Allahabad High Court on 10.04.2017 to file Review Petition. My Review Petition 633/2017 against dismissal of SLP was dismissed on 11.04.2017. Government filed Review Petition in Allahabad High Court. In this erroneous judgement facts and thematically calculation are also wrong.
Please tell (1). my dismissed SLP will treated as decided on merit?
(2) if Government's Review Petition dismissed in Allahabad high court, what remedy is left for me?
Kiran Kumar
(Expert) 11 May 2017
What actually are the facts of the case?
Rudrawar Narayanreddy
(Expert) 12 May 2017
If matter is not decided on merit review can be filed by you in high court. Since alp dismissed. High court will not entertain it.
brijesh sharma
(Querist) 12 May 2017
Facts are:-I challenged 2 appointments held in 1989 and 1991, CAT Allahabad. CAT inclined that Ajay Prakash Dwivedi (2 Years B.A) is not having B.Sc. Agriculture qualification and 3 years relevant experience Mr. Dinesh Pandey's selection interview's marks high, and marks awarded High School 3rd Div. 4 marks and for M.Sc Ag. (Any division) was only 3 marks was also wrong. Investigation report and original selection record were not Produced. Both selections were vitiated.High Court Decided that Selection criteria was only Written 70 marks+ interview 30 marks=100 marks, But Affidavit of department tell criteria was Academic 30+written 40+interview 30= 100 marks. High court passed judgement assuming written 70 marks but this only 40 marks. H.Court also order that if we ignore interview's marks then Dinesh Pandey succeeds. I facts As per marksheet if we ignore interview's marks I got 1.4 marks higher from Dinesh Pandey. Actually H.C.did not See selection record. High
brijesh sharma
(Querist) 12 May 2017
My SLP C 34506/2016 was dismissed om 02.12.2016 without any speaking order. Department's SLP revert to H.C on 10.04.2017. My Review in Supreme court was dismissed next day on 11.04.2017. Actually Investigation report dated 10.12.1992 is also shows that paper was out to Dinesh Pandey, Ajay was not having minimum qualification, selection of Dinesh Pandey was removed and there were so many illigalities were there.
CAn I file Writ in Supreme court?
Sudhir Kumar, Advocate
(Expert) 12 May 2017
by now you may be having about 15-20 Kg papers. No useful view can be formed without perusal of all papers.
Guest
(Expert) 12 May 2017
Agree with Experts
R.K Nanda
(Expert) 12 May 2017
contact local lawyer with case file.
Dr J C Vashista
(Expert) 13 May 2017
Since you had moved to SC in SLP where leave to appeal (followed by its review) was declined, you can move in writ under Article 226 of the Constitution before Allahabad High Court despite the fact you have already moved HC assailing the order passed by CAT, under Article 227 of the Constitution.
SC shall not entertain any writ petition direct except under Article 32 of the Constitution for enforcement of fundamental rights infringed and not provided by concerned authority, which is not your case.
However, it would be better to consult a local senior lawyer for proper appreciation of facts and law applicable.
