Challenging a Removal Order
On the first day of departmental enquiry I was not supplied with the copies of complaints made against me. On the basis of those complaints I was suspended. On that day I was forced to write one confession letter in lieu of false promise from union present thereat. After that I was removed from services using RTI Act 2005 I have started to apply to the management for the set copies and after 19 years legal battle they supplied me the copies. There is no FIR/Case against me either from management or the complainants in local PS. Now i want to challenge the removal order. Is it possible?
Asked 2 years ago in Civil Law from Suri, West Bengal
you have confessed in your own hand writing . on bais of confession you were removed from service .it is too late in the day to challenge your removal order .
Your confession formed the basis of the order of removal. Moreover, 19 years have passed since your removal. Hence, challenging the same now will be an otiose undertaking.
Dear Try and fail but do not fail to try.You never know what will come out.
Advocate, New Delhi
19 years gap is a lot of time. It will be very difficult for you to prove the threat under which you forcefully wrote the confession letter. It will be a matter of concern as to why have you been sleeping over the matter.
However because you have been supplied with the copies now, you may challenge the removal order detailing all the situations and explaining the reasonable delay of 19 years due to "not providing the information in time". The Court, if found your delay to be a reasonable delay, may look into your matter on merits.
Had you taken a timely legal action and challenged the removal order, your please of non supply of documents and of forced confession could have been to your advantage. Delay of 19 yeas is too much, you may not succeed.