Illegal suspension on misbehaviour by incompetent person in IIT
hello ....my father was helper and he was suspended on false case of misbehaviour by a person who is not competent to suspend anyone. we did file a case against the management since 2007 and still the case is going on.court has declared it as x party few month back as nobody from opposite party appears in court.the judge is retired now and new judge is just joining.our layer said the judge was hesitating to remove the order.please help to clarify on what basis judge is not removing an order.
Asked 2 years ago in Labour from Mumbai, Maharashtra
Whether your father is getting any subsistence allowance ? In which court your case is pending ? Please post the above queries answers for a suitable advice in follow up question.
Advocate, New Delhi
Its extremely difficult to suggest the judges mind without a glimpse of the order sheet. From bare reading of the paragraph it seems to me that your queries can be enumerated as the following:
a) Delayed litigation.
b) court procedure.
a)The competent court of law should ideally be the Central Administrative Tribunal in this case. If the litigation is getting delayed you may always seek redressal from a Higher Court seeking direction on the lower court for speedy disposal of the matter.
b) I do not understand why would you want to remove the order if the ex parte proceeding has been ordered against the institute. That should help you. But in any case where the court is unwilling to give an order such order can always be revised by the High Court under Sec 115 of the CPC coupled with Article 227 of the Constitution. Another remedy normally available will be that of writ remedy under article 226 of the Constitution.
You must consider putting out the details so as to enable the lawyers here to help you better.
1. It was told by your lawyer that the new judge is hesitating to set aside the suspension order,
2. Wait for some time to enable the new judge to hear the matter Ex-Parte few times,
3. Your lawyer can forcefully pray for relief which is long pending.
1. Is your father still in service.
2. Whether the Management lifted the suspension of your father.
3. Was there any Departmental Inquiry, if so what was the outcome?.
4. Whether your father was exonerated of the charges or whether he was dismissed or whether minor/major punishment was awarded or increment withheld.
5. Since no body from the Management side is attending the court hearing, let your lawyer apprise the situation to the notice of the incumbent new judge about the absence of opposite party in every hearing and let your lawyer impress upon the judge to pass ex parte order in your father's favour.