Waiting for Justice !
Querist :
Anonymous
(Querist) 07 May 2011
This query is : Resolved
Sir/ Madam,
Please advise course of action open for me if on the basis of an inadvertent error my Department took disciplinary action against me and imposed upon me the major penalty of compulsory retirement on the basis of an ex parte Inquiry held against me when I kept pleading the Judgement is pending review.
The entire disciplinary action against me emanated from an unintended and inadvertent observation of the Court. My application for setting aside the order of my compulsory retirement has been pending for the last nine months.
The Judgement on the Review Petition was delivered six months after I stood compulsorily retired as a major penalty.
The Judgement in Review Petition gives out that the unintended observation by the Court could be understood by anyone to be the final finding of the Court.
Therefore this Court should used its inherent power to do justice between the parties by giving the clarification now.
What should I do now. So far I am without even any pension waiting fro justice.
Regards,
Anonymous
Guest
(Expert) 07 May 2011
You seem to have intermingled both the court case as well as the disciplinary case. It is not understood whether you want solution to your disciplinary case or the legal case in the court of law.
You have not stated whether your compulsory retirement was on account of the judgment by the court of law or on the basis of independent charge sheet by the department, and what was the basis and nature of each case?
You have stated about inadvertant error, but not mentioned what was that inadvertant error and on whose part, i.e., on your part or on the part of the department?
However, the department cannot withhold pension in compulsory retirement case. Pension is not sanctioned only in cases of dismissal or termination. So, you also need to check whether your case is about compulsory retirement or dismissal/ termination from service.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
Email: dcgroup1962@gmail.com
Isaac Gabriel
(Expert) 08 May 2011
It is better to wait for the rersult of your appeal.Pension could be sanctioned from the date of compulsry retirement. But if your appeal is allowed, there are chances for getting back the job.
