Rejoin and suspended even after withdrawal of termination in court
I was working in a Self Finance Engineering College, Panipat Institute of Engineering & Technology, Samalkha (Panipat, HR) from 26.9.2006 as Associate Professor & HOD in Information Technology Department.
On 10th June, 2016 at 2.20pm, I was terminated immediately without reason after serving more that 9.5+ years.
On 11th July, 2016, I filed court case in District and Session Court, Panipat under Educational Tribunal. Our prayer in appeal is “Accepting the appeal of the Appellant by setting aside the Termination order dated 10.6.2016 passed by the Respondent No. 1 being illegal, arbitrary, malafide, null and void, against the rules of natural justice being issued without following the procedure, not binding upon the rights of the appellant and the respondents be directed to take back the Appellant in service with full back wages, continuity of service along with all consequential benefits thereof with interest thereon.”
On 20th October, 2016, Hon’ble court given his decision “Instead of filing reply in the application for early hearing to which the case is today fixed, Sh. Ramesh Gupta, Advocate, representing respondents no. 1 & 2 states that the management had withdrawn the impugned termination letter dated 10.6.2016. A joint statement of Rakesh Tayal, member of BOG of respondents Institute and the counsel respondents no. 1 & 2 has been recorded in this regard. In view of such statement made on behalf of the respondents Institute, the appellant, who is person with his counsel, has withdrawn the appeal. So, the appeal is dismissed. File be consigned to the record room.”
On 27th October, 2016, after receiving the Authentic court order, I went to the Institute at 11.30am. When I gave them my Rejoining report to Director, they gave me the office order “As per the judgment of the District Judge Panipat delivered on 20th October 2016, Sh. Harish Chugh is allowed to join the Institute as Associate Professor today the 27th October, 2016 (FN)” at 12.15pm. Diary No of this letter is PIET/Estb/16/1371.
They didn’t give me the HOD position and told me to sit in Staff Room with other faculty at 12.45pm. I sit there. At 3.40pm, they again gave me one letter mentioning “You are hereby suspended with immediate effect. List of charges/Show Cause notice will follow in due course of time.” Diary No of this letter is PIET/Estb/16/1372.
Their intention is clear that they took my Termination back in court with wrong intention.
Kindly advise me, what I do next.
Asked in Civil Law from Kuruksh, Haryana
What was the statement given by the institute in the court? Prima facie, this is contempt of court. A statement was given in the court wherein it was stated that your termination stood withdrawn, subsequently you are again suspended without a fresh cause. This is nothing but contempt of court. You can initiate contempt proceedings against it in the court.
1)wait for show cuase notice to be issued .
2) submit your detailed reply
3) in case order is passed for your termination you can again move court to challnege your termination
You can after accepting their suspension letter, file another appeal on the same basis mentioning the same contents as the previous one and also file another petition under order 39 rule 1 and 2 seeking injunction restraining the respondents from enforcing/executing the said suspension order and to allow you to continue to work in the post as per the judgement in the previous case til the disposal of the present suit filed against them seeking relief of reinstatement.
I want to fight my own case without any advocate. plz don't mind, but my experience with local advocates are not good.
plz tell me the procedure. I want to try myself this time.
Asked 6 months ago
1) you are at liberty to fight your case
2) however it is in your interest to get application challenging order of termination drafted by advocate
3) you can then file application on your own before CAT
4) serve copy on the department
5) argue your own case
The new case also can be fought on the basis of the previous case itself.
You do not have to engage the services of an advocate inside the court.
You can take the assistance of an advocate outside court for drafting the petition or plaint.
There is nothing wrong in fighting your case yourself, actually it is an appreciable decision but you got to be careful since the opposite party would be trying to suppress or criticise you in the court on the issues which you are not aware of especially with regard to the legal procedures to be followed before or inside court.
Your local advocate got you the relief, yet you are not happy with advocates. Be that as it may, there is no procedure. If you know the law then just do it.