reply to Hon'ble CAT order
abhishek dubey
(Querist) 22 December 2014
This query is : Resolved
Sir i work in central govt . my office received a copy of Hon'ble CAT's order forwarded by our superior office to furnish reply/take action within four weeks from receipt of copy as the appellant belongs to my office.the case is of such nature which has equivalent cases spread around the other offices of our level.my office forwarded the case to higher office back for taking action.is my office still responsible in case of delay ?
Anirudh
(Expert) 22 December 2014
Your office has taken action by sending to higher office. Your office will not be held responsible. In any case your lawyer will handle the matter. You need not worry needlessly.
Devajyoti Barman
(Expert) 22 December 2014
The order should be complied with 4 weeks bt in a matter of doing so few days delay may occur for which no punitive action is taken.
You are silent who will take action on the order. If your department is not authorised to comply it then you have nothing to worry.
ajay sethi
(Expert) 22 December 2014
you have nothing to worry about as order has been forwarded by you immediately to higher office
R.K Nanda
(Expert) 22 December 2014
agree with experts.
Guest
(Expert) 22 December 2014
Mr. Abhishek,
In fact your query is quite irrelevant when you have not mentioned, what was the issue and what are the orders of the CAT on that, whether the CAT order is the final decision on the appellant's appeal to be complied with or reply is required to be furnished on the points of appeal of the appellant.
Naturally, your responsibility is not over merely on reporting the matter. Any reply/ feedback and/ or compliance is also your responsibility to assist the Government lawyer, if the case was initiated by you.
You have nothing to do with equivalent cases spread around the other offices of your level and has to concentrate on reply pertaining to appellan't case unless the appeal or order thereon, in themselves, pin-point such incidents and reply is sought on such matters.
Don't forget, if you have initiated the case, you have to produce the evidence to be presented by the Government Counsel on behalf of your department or to comply with the final orders of the CAT.
Guest
(Expert) 22 December 2014
So far as delay is concerned, it all depends upon how seriously the CAT or your own controlling authorities take that.
Rajendra K Goyal
(Expert) 22 December 2014
CAT orders need to be carried out in given time frame by your office as the appellant belong to your office. Forwarding to higher office may not serve the purpose.
abhishek dubey
(Querist) 22 December 2014
Sir,the copy of final order of hon'ble CAT was forwarded to my office to take action after consulting with legal advisor. The legal advisor demanded copies of orders of CAT mentioned in defence by counsel of applicant which were available with the higher office. Therefore my office forwarded the case back to the higher office. The respondent in the order is also the higher office.
Guest
(Expert) 22 December 2014
Mr. Abhishek,
Your information is still vague. Specific problem fetches specific solution, while general & casual type of queries like yours can only fetch only general reply, which may not serve your purpose.
However, for your information, mere forwarding back to higher office without any specific information does not have any meaning. Tossing around the CAT order has no sense without any compliance or information about the whereabouts of the copies, if not in your possession.
