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KISHAN DUTT KALASKAR (JUDICIAL OFFICER SENIOR CIVIL JUDGE)     31 March 2012

Review......guidance.....

Dear Sir,

Whether review of two orders is possible....that is orders of Enquiry Authority and Appellate Authority.

Here the Enquiry Authority and Disciplinary Authority have passed the orders and the accused was reduced to the post of peon.

The accused preferred appeal before Administrated Judge who is High Court Judge in Karnatka of as Koppal District Administrative Judge. At that time the prosecution side here the Registrar Vigilance not preferred any cross appeal seeking enhanced punishment.

The appellate authority that Administrative Judge/High Court Judge passed orders on merits and set aside the orders of both the Disciplinary Authority and Inquiry Authority on 11.2.2009.

All of a suddenly on 22.9.2012 the Registrar Vigilance issued a notice that as to why the said both the orders should not be reviewed and more severe punishment should not be awarded as per the orders of Chief Justice of Karnataka.

In fact the orders of Administrative Judge are final. Some fishy appears in this case.

The said orders dated 11.2.2009 even to this day not given to the accused. Show cause not enclosed with copy of said ordes. It is learnt that as some strictures were passed in the said orders so the are not made public.

My question whether such reviews are possible ?

Whether accused is not entitled for copies?

For how many days the accused should wait to get implimented the said legal orders?

Whether it can be challanged but advocates saying it is premature notice as no action was taken though explanation was submitted by the accused....is it not delaying tactis of Registrar Vigilance?

Is it not high handedness of Registrar Vigilance behind and back of High Court.



Learning

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