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yogesh (will tell you later)     28 July 2008

Whether to approach Hon'ble High Court or not?

Please advise on the following
If an individual who is working in an organisation and suspects there are some irregularities has happened in an organisation in matter related to recruitment.Should such individual moves to the appropriate court if his personal rights are affected under which provision?
If an individual suspects/anticipates  that his services may be terminated or transferred what should he plead from the Hon'ble Court?


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 July 2008

if a person suspects any irregularities he can give complaints to the concerned higher authorities. But not court.

yogesh (will tell you later)     29 July 2008

Thanks for reply.If the higher authorities re too indulged in wrong activities then hat will be the remedy left for such individuals?

ARVIND KUMAR (LAWYER)     31 July 2008

If there is wholly malafide and arbitrary action on the part of hogher authorities, which cause direct effect to such individual in any manner like termination, suspension, transfer etc. he has locus to approach to Hon'ble Court. Please clarify the action of higher authorities which causes effect to such individual. Thereafter can be reached at conclusion what remedy will lie to such individual.

shamit sanyal (advocate)     01 August 2008

sir on the first hand one needs to know whether the organisation is a state or not.




 


If it is a state one can move the concerned High court in its writ Jurisdiction.such can be done even by a person whose right is not directly affected. .


and in that case what Mr arvind has suggested is good enough.


subject to correction in case of a private organisation, In my openion they are there own bosses ,so only a suit for declearation may lie pointing by out the anamolies in recuritment a order restraining the appointee may be prayed for.


 




 


 


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