Regarding emergent notice from high court
Vijay
(Querist) 26 August 2018
This query is : Resolved
Dear Sir. Yesterday I received emergent notice from high court on service/transfer matter, if I won't attend the court than it may cause any problem for me?. Plz suggest me
Guest
(Expert) 26 August 2018
Background description of the case may be made clear. What type of emergency has been declared by the High Court for you is not clear.
If not ready or unable to discuss here, you may consult some local lawyer.
Kumar Doab
(Expert) 26 August 2018
Your own very able LOCAL counsel might have opined to appear in HC.
If you are properly informed PIP and well versed with court procedures and can handle the matter on your own, go ahead.
Or proceed as per expert advice of your own counsel as already suggested, and try to defend your interest.
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law e.g; service matters as in your case, and well versed with LOCAL applicable rules/laws …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record and even draft the required/suitable reply for you.
There are such very able counsels at each location.
You might already be having one such counsel as you have won the case.
The OP has a right to approach courts.
If you are not satisfied with last counsel approach another.
If HC is at another location your last counsel can help you to find another counsel or even seasoned employee’s/trade union leaders, colleagues, can help you.
Or you can personally check for such counsels at jurisdictional HC …
Kumar Doab
(Expert) 26 August 2018
Your counsel would have also opined on; if you should convey your inability to attend and if yes, and how.
And even that your counsel can appear and take fresh date.
Time of 5days is although short but may be considered time to engage counsel and appear or appear in person and may be related with HC rules…
GO thru HC rules
e.g;
Page;32;7
CHAPTER – XV;Postings and Adjournments of Cases;2,
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/HighcourtR/HC(K)Rules.pdf
THE WRIT PROCEEDINGS RULES, 1977
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/HighcourtR/HC(Writ)1977.pdf
Kumar Doab
(Expert) 26 August 2018
And some judgments
e.g;
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 02ND DAY OF AUGUST 2012 PRESENT THE HON’BLE MR.JUSTICE DILIP B. BHOSALE AND THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY WRIT APPEAL NO.50337/2012(S-RES)
BETWEEN
Lalbi W/o Moinuddin
AND 1. Modinamma @ Modinbee
http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/906538/1/WA50337-12-02-08-2012.pdf
Karnataka High Court
Sri K Govindaraj vs Sri B S Yeddyurappa on 14 March, 2017
Author: B.Veerappa
https://indiankanoon.org/doc/102818156/
You may get clear idea and rsst your own counsel can advise you best to mind your interest per facts and details of yor matter.
P. Venu
(Expert) 27 August 2018
You are less than forthcoming in disclosing the relevant facts. From the limited facts, it appears that your advocate has been playing truant. The Notice is an intimation for you to take remedial measures. You should certainly be present on the Court on the specified date.
