Throwing of ball from a.a to d.a and vice-versa

jayesh sinha (Querist) 05 April 2013 This query is : Resolved
I HAVE been given sf-11 and chargesheet finalised witholding of increment for one year non-cumulative and ordered entered into service register it effect will take from june-2013 my question is against the imposition of penealty i have made appeal to appellate authority the appellate authority in deciding my appeal after keeping file for3-4 month passes the file back to D,A though it is not allowed as per d.a rules the D.A after giving some remarks and file send back to A.A this procedure is going since lat one year as A.A is not applying his minds and now june-2013 is approaching can the penalty effect will take place if appellate authority fails to take decision even lapse of one year what is the remedy to overcome such situation any citation on such situation

Follow Query

Report Abuse

Adv k . mahesh (Expert) 06 April 2013
after june 2013 the AA decides and the result is in your favor then with arrears they will pay you

Adv k . mahesh (Expert) 06 April 2013
and also your can give another appeal requesting to expedite the process

Adv. Chandrasekhar (Expert) 06 April 2013
Normally till appeal is pending in administrative matters, pecuniary order is not executed. As an abundant caution, in the last week of May, 2013 you move an application before the appellate authority for stay of execution of impugned order, with a copy to the disciplinary authority. Do not pester them till you get adverse order from appellate authority.

jayesh sinha (Querist) 25 April 2013
as per advise i have given representation to give interim relif of stay on imposition of penalty due from july 2013 or else finalize the case since six years has elapsed between corresponde between A.A and D.A,the appellate has dropped the case and set aside and remitted the matter back to D.A for retraial on same chargesheet now second time after retrail after D.A accepted all contention of mine in writing the A.A is not taking decision and not passing speaking order but simply lingering on case and again has send the case back to D.A the OLD D.A got transferred and now new D.A has taken charge who will not look at the file for minimum 3 months what is the legal course available to me in present circumstances for stay on penalty due on july2013

Raj Kumar Makkad (Expert) 25 April 2013
You shall not be penalized till the decision over your appeal is finalized in the given facts.

jayesh sinha (Querist) 26 April 2013
BUT in railway even if the is lapse in part of administration they make the penalty effective irrespective of whether appellate finalizes the appeal or not can you please give any citation of supreme court in this regard please it will be highly appericiated for the forum

prabhakar singh (Expert) 26 April 2013
can not you ask your chef to cook your lunch?

Guest (Expert) 26 April 2013
In departmental disciplinary cases, the penalty is not postponed on account of penency of appeal. The order will take effect from due date.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries