Those who have vested interests OR who r successfully grinding their axe in the present set up, r very often heard, saying, "People have faith on the Indian Judiciary." Similarly, the Politicians r also heard of being respectful for it, but seen fuming,when they find a Judgment harming their political ambitions.
I cite a case hereunder and leave it to lumaneries to dissect it and decide the quality of Judicial prudence.
After a long sickness I reported for duty on 11.5.89. On 16.5.89 my boss- a Divisional Railway Engineer-, being irritated with my uprightness and obstructive working (I never toed the line of COMPROMISE with ' work as per Rule' ), issued verbal order restraining me from my legitimate duty. I met him and protested against the illegal order, he politely asked me to apply for 2-3 days leave, promising to decide matter of my duty by then, which I did (photo copy of the application with his remark is with me). It proved a hoodwinking tactics, and I was not allowed duty for almost a year, though I kept requesting regularly through written applications and verbally as well.
On 19.4.90, the DRM/NR/Luck issued a transfer notice, which read as, 'Sri R C Nigam, who has reported for duty after long sickness, is hereby transfered and posted at Faizabad' Representations were submitted for treating this period of 1 year as WAITING FOR ORDER and fpayment of ull salary. The administration played a trick and treating the period as on leave made paltry payment, and that too by consuming my leave.
Finally, a petition was filed before the learned CAT. After deleberating for full 7 years from 1994 to 2001, the CAT passed order, directing the DRM to reconsider the representation. The CAT was also pleased to observe as under, "THE APPLICANT HAD SUBMITTED A NUMBER OF APPLICATIONS, BUT THE RESPONDENT HAS NEITHER ACCEPTED NOR DENIED THE FACT"
The CAT had, on that day disposed off my 5 petitions in hardly 15 minutes and all of them were referred back to the DRM for reconsideration.
I became late in filiing fresh petitions, because of financial crunch The learned CAT rejected the fresh petitions on limitation ground.
HAI NA INDIAN JUSTICE KAA NAAYAAB NAMOONAA.. I
t is worth mention that allaverments are made on affidavit and every one knows its language. May God save, nothing false has been said, AND Nothing material has been CONCEALED. What a mockery.! STILL THE CLAIM OF FAITH ON JUDICIARY. Search your heart and find a solution of this vexed stionitua.
