Legal Question in Appeals and Writs in India

appealet authorityplaced me in lower gradeupon considering my appeal against REMOVAL OF SERVICEorder on the basis of departmental enquiry without giving reasonable opertunity to defend ,contravening principle of justice and vilationof c onduct ,discipline,appeal rules for the' charge of FAILURE TO PLAN AND MANAGE a large production unit because of low production on particular day due to multiple break downs there by contravening devotion toduty,integrity,discipline,and neglect of work includingslowing down of work .I have been singled out leaving aside my GM to whom I am reporting along with four other DGM.

Thank you for the precise answer for the above query.Now I want to ask few more question.1)How much time will it take for admission of the writ appeal in the court after filing and approx.time frame of the final judgement .2)What is the chance of success of the appeal unnderArticle 226.3)Is there any chance of staying the above said punishment and fresh enquiry (my retirement is on 31.03.2010) because of blatant violation of Departmental enquiry rules as per CDA rules of the organisatio4).Is there any chance of quashing the order all togather because imputation of the charge ie. devotion toduty,integrity,discipline,and neglect of work includingslowing down of work for a collective multi discipline,multi department ,multi and overlaping responsibility does not contribute to the failure.ofDISCIPLINE AND CONDUCT 5)Can I claim compensation.


Asked on 11/12/09, 5:19 am

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

Writ Petitions are usually filed and within matter of days interim orders are granted by the High Court. You can possibly ask for retention of your rank as interim relief itself.

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Answered on 11/12/09, 5:26 am


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