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 .

My question is 1)what chance of success is there .2) How long will it take to get admisson in high court,3)How long will it take for the final judgement. 4)Can I claim for compensation on ground of social status,imense mental stress causing depression, legal expenses etc.in the event of favourable judgement.5)what are the chance of ordering fresh enquiry (I shall be superannuating on 31.3.2010)


Asked on 11/12/09, 12:05 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Without reading the charge sheet and your reply and the orders , it will be not possible to advice on the possible outcome of the Writ. However, you can claim back-wages and attendant benefits in the Writ petition while your main prayer of course will be for restoration of your original rank.

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Answered on 11/12/09, 12:24 am
Seshadri Srinivasan www.lawconcern.com

What was your designation? If you were the plant -in-charge or the production-in-charge, then you cannot say it is faulty only to punish you leaving GM and DGM.

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


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