IF SUBSTANCE ORDER IS INSISTED IN AN CASE IS CASE TREATED AS DISMMISSED ONE ?

If you are not satisfied with writ order, you can certainly go for a writ appeal.  But the most important question is as long as there is alternative remedy in the nature of Section 59 of the Act, writ court need not to exercise its discretionary power.  You should fully prepare to satisfy the writ appellate court that why you have not approached the concerned forum under S. 59 of the Act as advised by the writ court  and instead elected writ appeal.  Then only you can succeed to get a notice issued in the matter.

 Sec.59 reads that : Without prejjudice to the provisions of Sec.58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look in to complaints with respect to matters relating to: [a] dedprivation of rights of persons with disabilities.

[b] non-implimentation of laws,rules,bye-laws,regulations,executive orders,guidelines or instructions made or issued by the appropriate government and the local authorities for the welfare and protection of rights or persons with disabilities, and take up the matter with the appropriate authorities.

but in my case Dy.Director General, Ministry of Social Justice & Empowerment Govt.Of India, New Delhi had directed his ministry Director to investigate the matter and do accordingly, therefore Director, Ministry of Social Justice & Empowerment, Govt.of India instructed through his official e-mail id to the concerned bank and banking department to considere the same i.e. promote the person who complained, but no-one is agreed this before we approaching the high court,due to mis-leading our advocate perhaps not placed this e-mail instruction in the high court, hence the writ petition soughted to touch under sec.59.  My advocate further dis-agree that the e-mail sent by ministry is not an executive order or instructions, but as per my knowledge Dy.Director General and Director of a concerned ministry is comes under executives, also the above director himself confirms that his e-mail was an instruction to the bank, therefore i have evidence under sec.59[b], can i file writ appeal under this evidence.  As chief commissioner for disasbilities not interest to intervene in the case even he has instructed to take action against the respondent bank.  

Hence please guide me further, whether the e-mail be an evidence to me for filing writ appeal before high court.

My dear Mr. Shiva,

I really appreciate your problem.  But one more obstacle you have to face in writ appeal.  In writ appeal, generally no fresh document/evidence is acceptable, until the hon'ble Court gives permission to put fresh evidence on record.  Yes.  Prima-facie, I accept (without going into the contents of the e-mail ID) that it is an executive instruction.

I suggest a method.  Think your self seriously and inform me whether it suits you.  You file a representation before the Chief Commissioner along with all the relevant documents and also along with the copy of the writ order and request him to decide the representation within 30/60 days.  As you said that he is not interested, (suppose he will not respond to your representation),you can again approach the hon'ble High Court in fresh writ petition making the Chief commissioner also a party. For me, it appears a proper way, instead of going to writ appeal and that too with a request to file additional documents.

Do not loos heart.  You will certainly succeed.  Only perseverance is required in your case. 

 Dear Prabhakar,

Thank you for the courtesy, however, to considere your suggestion, as my case runned for about a year in high court and disposed off on 11/3/2009, as per the court order to touch appropriate authority under section.59 i.e. chief commissioner for disability is too burden at this stage, as Director, Ministry of Social Justice & Empowerment, Govt. of India already directed the respondent bank before filing writ petition in high court, further it be note here that Chief Commissioner for Disability is comes under the Ministry of social justice & empowerment, govt. of india, therefore is it necessary to consult the lower department inspite i have a direction from their higher authority,please confirm is chief commissioner for disability  appropriate authority ,if there have a direction from his higher ups on the matter to considere my promotion in the bank?  I tried to attach e-mail sent by ministry of social justice & empowerment govt of india to my bank, but it could not be downloaded due to some error in this page.

Hope to suggest further on the eve of  social reactions.

Thank you once again.

Yes, Mr. Shiva.

When you feel  discomfort to approach the authority stipulated in the statute  after getting a decision in writ court, the appropriate course left to you is only to approach the writ appellate court.  As the matter pertains to disability Act, which is a social piece and beneficial piece of legislation, the judiciary will not strictly follow technicalities and allow you to file the additional documents (which have not been placed before the writ court), if the application with suitable reasons presented to it along with writ appeal.