hi, all the above procedures can be challenged by filing a writ in high court..it is up to court discretion whether to grant relief to the candidate on hearing plea on the above matter

1) file application before CAT to challenge decision of govt to cancel your appointment

2) once appellate medical board has given finding that you suffer from 40percent disability said decision is final

3) said decision cannot be reviewed by committee

4) order was passed in violation of principles of natural justice

Dear Client,

There`s no need to go into complication/confusion.Avoid who complained,may be someone who is jealous of ur friend success.

It is statutory right of candidate to assail the negative/unsatisfied order and when there`s provision that the order of Appellate medical board is not appealable than its veracity is final unless not effected/obtained by fraud etc.

File WRIT in high court, assailing the act of DoPT, forming extra Appellate committee above Appellate medical board and ur claim on the basis of 40% DC.

Members of Expert Committee ?

1) you can challenge decision for formation of committee to review decision

2) decision of committee would not stand legal scrutiny

3) you should get relief from CAT as decision of committee appears to be unsustainable in law

1)Can Action taken based on ANonymous/Pseudo anonymous complaints be challenged and nullified?

This action can be challenged but please note that this was referred before an expert committee and no decision was taken by the authority themselves.

2)Appellate medical board is final and binding.Can anyone go against its findings and form a committee for reviewing it again .Can it be reviewed on the basis of a complaint again.

The competent authority may overrule the ruling if it considers the necessity is in the interest of public.

3.The candidate was never informed about complaint or examined by expert committee.Can it be made Null and void as there is no provision for a committee again

The candidate need not be informed about this, but the candidate can seek remedy against this grievance by approaching court of law.

4.The candidate was selected in 2014 in Indian Postal service and he is still in probation.He was given 40% disability in the medical board of that exam and was given appointment.

That is the dispute now, hence you may proceed as per suggestions given earlier.

Will it be a threat to his existing service now?

It may not be a threat until the department is not taking any cognizance on this.

5.As he was rejected in 2015 exam year by the Expert committee,Can the candidates previous eligibility and candidature of 2014 exam is questioned now again.

It is not necessary

Please reply. I have already filed in CAT and hearing is delayed. Worried about what will happen next.. Reply if Der any such instances and also answers for each point specifically.

Since you have already approached CAT, you may wait for the outcome of the case filed with CAT.

What is the that has been filed before CAT?

So,can the argument to quash the decision of the committee as there is no provision of forming it and consider the appellate boards decision of 40% given earlier holds valid? Surprisingly the appellate authorities reverted back decision. SO CAN THIS REVIEW OF APPELLATE AUTHORITIES DECISION HOLDS VALID?

You can present your arguments on the basis of your above said observations.

Since the matter is before CAT, any advise given now may adversely impact and ruin your own case hence better follow it up through your advocate.

1. In these circumstances you may file a writ petition in the High Court to challenge the formation of the expert committee after the finding of the medial board. The decision of the medical board cannot be reversed by the expert committee. Finality has to be accorded to the decision of the medical board.

2. File the writ petition at the earliest.

1. The expert committee cannot sit in appeal over the decision of the medical board. The decision of the medical board is final.

2. File the writ petition.

There`s no rational to form expert committee, when the finding of board is final.

2ndly, Same members included in the expert committee, how can they vary their finding at the appellant stage ?

AND the issue is related to physical disability, how can it be calculated on the basis of same documents which already bear different view up to appellant stage.

Cvc guidelines say no action to be taken on it - Valid ground.

Assail on these points, Appoint some good local advocate, he/she shall add more to above preposition.

Best Of Luck.

Hi,

With so many replies you have, just consult an advocate having knowledge of service laws.

it may challenge decision in HC

2)it would not be over ruled by HC

3) request govt to give you appointment letter as per CAT decision

4) appointment of other candidate would be cancelled

1. Let them challenge, you can face them on merits.

2. It depends on the case, you cannot take statistical survey on it.

3. You wait for two months period as stipulated and then file execution petition

4. They have to obey the court order hence they cannot come out with any excuse.

They will look for some alternative though it may take any little more time.

1.will dopt challenge the cat judgements in highcourt -- It is statutory right to appeal, but depends on fact, might High Court do not admit. Chances of success is rare in appeal.

2.how often is cat judgments overruled by highcourts -- No straight rule. depend on facts to facts, But in such cases, High Court do not stay lower tribunal orders. As balance of convenience matters, which favors u.

3.wht should be my course of action.. Other than Wait for two months? What should be done to ensure to speed up the appointment order -- waiting period, file representation , no other option.

4.my vacancy has been given already to another candidate.. What will they do? I am worried they will delay the process of appointment and don't follow cat judgement. --- than file contempt.

1. Why do you have to wait for for the CAT to sen the order copy, if you have one, you may approach the department directly seeking relief with an application based on the orders passed by CAT, lt them give an answer.

2. It shall be with the High court in Hyderabad

3. It is in Hyderabad high court that an appeal can be preferred.

4. If the appeal is dismissed, you may file an execution petition to execute the orders of CAT if the department is not obeying the orders.

5. It may, cannot be predicted.

1) appeal has to be filed in Hyderabad HC

2) better send copy of order to DOPT

3) appeal cannot be filed in any other HC

4) if there is no stay then CAT order has to be implemented

5) appeal can be filed in SC against HC order

Copy will receive to them through their advocate, but it was your job too file representation with DoPT along with copy of Judgement.

wait till 3 months than file contempt if orders not complied.

Hyderabad High Court has jurisdiction.

Contempt is open, if no stay granted. Filling of appeal dose not stay the order automatically, and its compliance in necessary in given time otherwise contempt.

It`s statutory right of party to appeal, but in case High Court dismissed the appeal, than in rare cases, Supreme court over ruled the concurrent findings of lower courts.

1. You will have to produce the copy of the judgment before the Dopt.

2. it will be the hyderabad high court and not delhi high court.

4. if the same is not stayed and the order is not completed within 3 months then the contempt petition can be filed.

5. yes dopt can again file slp in the SC

Regards

Dear Sir,

My answers are as follows:

My Queries

1)Can Action taken based on ANonymous/Pseudo anonymous complaints be challenged and nullified?

Ans: Yes, the service tribunal or High Court can quash such action.

2)Appellate medical board is final and binding.Can anyone go against its findings and form a committee for reviewing it again .Can it be reviewed on the basis of a complaint again.

Ans: The High Court/Service Tribunal have powers to look into the rules and give its finding in your favour.

3.The candidate was never informed about complaint or examined by expert committee.Can it be made Null and void as there is no provision for a committee again

Ans: Without formal natural justice of getting explanation from the victim employee is a serious matter to be dealt with by the Courts/Tribunals.

4.The candidate was selected in 2014 in Indian Postal service and he is still in probation.He was given 40% disability in the medical board of that exam and was given appointment.

Will it be a threat to his existing service now?

Ans: No, nothing like that.

5.As he was rejected in 2015 exam year by the Expert committee,Can the candidates previous eligibility and candidature of 2014 exam is questioned now again.

Ans: Yes, definitely.

More suggestions if you approach me through Kaanoon Website.

The date of receipt of the order by your lawyer shall be the date order.

The appeal can be allowed with a petition seeking to condone the delay in filing the appeal.

Contempt petition cannot be filed before they expiration of the appeal period.

Yes they can

1) 4 th April woukd be date of receipt of order

2) delay in filing appeal can be condoned

3) contempt petition is not maintainable if appeal is filed

1) you cannot restrain DOPT from fuming appeal against HC order in SC

2) if no appeal is filed it has to comply withCAT orders

3) it would have no defence in contempt of court proceedings

4) you can file caveat in SC

5) Chances of relief being granted to DIPT in SC are bleak as appellate medical board has given finding that you suffer from 40 per cent disability

Appeal is statutory right and cannot be restricted but rare possibility of admission.

To escape contempt, dept. have to comply with orders sooner or later.

Concurrent Findings Of Fact By Trial Court in this case tribunal & Appellate Courts Binding On Supreme Court, rare chance of interference.

Caveat can be filed but not needed.

Not all appeals are admissible in SC, petition must include all the important facts to enable the court to determine whether SLP is maintainable or not.

The Supreme Court has the discretion to refuse the case or send the case back to a lower court for fresh adjudication.

Possibilities are rare.

1. You cannot stop the DOPT from preferring an appeal agaisnt the judgment by high court in this regard, They have rights to go for an appeal before the next higher court.

2. They have been given one month notice to reply to the contempt, let them come out with the reply to the notice, it can be decided only after their repl;y to CAT on this and the decision is to be taken by CAT.

3. If the DOPT has decided to approach supreme court you cannot stop them from doing so, because it is their right, you can approach legal services authority for free legal aid in supreme court in that event for defending your interest in that appeal.

4.You can file a caveat and wait and watch the developments.

5. You wait fr the appeal to be preferred by them and after that you will come to know what they have made in their pleadings in the appeal.

1) DOPT can file review petition 

2) chances of success are bleak 

3) DOPT is bound to follow SC judgment 

4)no expert committee would be formed again in your case 

5) you can  take out contempt of court proceedings against DOPT 

6) thanks for your appreciation 

No review as court has not delieverd any judgment but only upheld the HC order.

No option left except to compliance of order.

NO expert committee in your case, court kept this open mean whether in such events DOPT can form expert committee ? this issue yet open to be decide by court if any future objection arise on same issue.

Only HC/SC has power to decide contempt, lower court/tribunal can only recommned if case of contempt made out. File contempt in HC.

1. yes they can file a review petition. 

2. No

3. Share the copy of the judgment for a concrete advise on the same. 

4. Yes you can file a contempt in the HC as well, kindly share the copy of your order so that some concrete advise can be rendered by us. 

Regards 

Below are my queries.answrr specifically point wise


1.Can dopt resort to filing reviewing of a dismissed SLP on this speaking order.what options do they have?

The DOPT may refer the matter to their standing counsel or the government pleader and seek opinion to file a review petition against the judgment of the apex court.
If the same is recommended then they may prefer a petition seeking review of the judgment passed by the apex court on this.







2.is there any option dopt can resort to deny supreme court judgement in my case.

The DOPT may not be able to refuse to obey the supreme court order, but it may use the dilatory tactics to trouble and harass you.






3.Will there be any expert committee formed again on me despite the supreme court agreed that appellate boards 40% decision is final and binding.

It should not form any expert committee as per the supreme court decision, but you may ahve to wait for the authorities decision which may do something to torment you with vendetta.








4.CAT ordered to send for training immediately in one month but the DoPt are not following contempt directions and intentionally delaying.can I file a contempt in high court as its order is powerful now to get good directive despite cats contempt are not strictly followed.

You can file contempt of court petition in the respective court only and not in the place of your choice and convenient