Inquiry under article 317(1) of the constitution
Devnandan Sharma
(Querist) 02 May 2015
This query is : Resolved
A reference under Article 317(1) of the Constitution was made by the President of India in June, 2007. The case was listed first in January, 2008. The charges on which inquiry has to be conducted were approved in September, 2010. Recording of evidence and cross-examination of witnesses were finished in February, 2013. On 01.10.2013, after resolving issues regarding transcription of documents filed during evidence, the Hon’ble Registrar issued directions for listing the case before the hearing bench as per rules. The case was listed on 07.02.2014, 05.03.2014, 09.04.2014, 15.07.2014, 16.09.2014, and 11.11.2014, but the same was adjourned without any material progress; on two occasions, the case has to be adjourned due to non-appearance of the concerned Counsel of the opposite side, and on one occasion, the case was simply adjourned without any reason. On 16.09.2014, the opposite sides persuaded for declaring the case infructuous, but due to opposition from my side, the Hon’ble Court directed that it has to be decided on merits. 11.11.2014 was fixed for the next hearing. On that day, again the opposite parties sought adjournment due to non-availability of their Advocate.
After that the case became traceless. In January, 2015 it was indicated that the case is likely to be listed on 24.03.2015. Before 10 days, it was indicated that the case is likely to be listed on 31.03.2015. This trend continues till now. My Counsel mentioned for fixing the date, but that yielded no result, and at present it has been informed that the case is likely to be listed on 07.07.2015. I am more than 65 years of age and about eight precious years of my life has been spoiled.
Is there any effective remedy for this kind of distress? Should I write directly to H.E. the President of India to request Hon’ble CJI for early disposal of the case which was initiated by His Excellency? Or may I write directly to Hon’ble CJI?
Dr J C Vashista
(Expert) 03 May 2015
Apply to the concerned court through your lawyer for early hearing of the case.
Devajyoti Barman
(Expert) 03 May 2015
send letter to the Registrar of court first.
Rajendra K Goyal
(Expert) 03 May 2015
Send letter to registrar of the court initially.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
You may follow the suggestions made by experts, after which you may decide further course.
Biswanath Roy
(Expert) 06 May 2015
Straightway you write to the Hon'ble Chief Justice of the High Court as follows :-
"May I venture to submit this humble application of mine with the hope that my hard case may be considered and relief accorded.
I am Sir, a Senior Citizen 65 years of age and my case no.......of....., is pending for adjudication before His Lordship Hon'ble Mr. Justice............. and as a party in that case already I spent ...years but still it is lingering.
Iam afraid,due to such unusual delay I may not be able to get justice during my life time.
Under the above situation I humbly pray to your Lordship to confer upon me the blessings of Justice by directing your office to take up my case giving top priority for final disposal.
I tender apology for writing this personal letter to you, and request your Lordship to condone me if I committed anything wrong.
