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Adv. karinamishra (Querist) 08 December 2013 This query is : Resolved
In a department inquiry a Security Officer found guilty by the enquiry officer. 3 days time is given to him to file his say on the report which was received by him on Friday. The said Security Officer stays in official quarter of Company. Can he take stay order from the civil court that he should not be evicted from the company quarter .

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Guest (Expert) 08 December 2013
Why dont he give a proper explanation with your guidance and protect himself.If things are not in his favour he could go for the stay

Nadeem Qureshi (Expert) 08 December 2013
yes he can file an injunction suit before civil court

R.K Nanda (Expert) 08 December 2013
agree with experts.

Sudhir Kumar, Advocate (Expert) 08 December 2013
who is employer

Devajyoti Barman (Expert) 08 December 2013
First file reply to show cause. When there is no attempt to evict from govt.quarter then what is the point to go to civil court.

Adv. karinamishra (Querist) 08 December 2013
which court will get jurisdiction regarding security officer ? he is cuming under supervising category? can he approach labour court and industrial court? or High court is only option for him. Company has already filed caveat in labour court and industrial court.

Devajyoti Barman (Expert) 08 December 2013
If his salary is more than Rs.10,000/- then civil court is the proper forum but not advisable to approach any court now.

Rajendra K Goyal (Expert) 08 December 2013
The order for eviction of quarter if issued before dismissal to the employee, he can move to civil court for stay.

prabhakar singh (Expert) 08 December 2013
Prepare the reply to show cause.It seems he is employed in a private or public limited co.doing business of security.

I do not find reason to seek injunction unless he is asked to vacate the accommodation provided to him by the company and it would be his pay to find out if he is subjected to labor laws or not.The right to grant relief of injunction ,however ,vests in civil courts.

Raj Kumar Makkad (Expert) 08 December 2013
Stay order against the eviction order cannot be provided ex-parte rather it can be provided after hearing your lawyer and in the given facts, it is difficult to get stay order.

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