About stay order on compulsory retirement
J.C.Mishra
(Querist) 19 December 2014
This query is : Resolved
Can the CAT grant an order of stay on the operation of order of Compulsory Retirement imposed on a employee as a penalty. If yes, what it would mean then? Will he be reinstaed back and allowed to work pending disposal of case before CAT?
Guest
(Expert) 19 December 2014
Please state the real problem instead of posing an academic query. Order once cme to effect cannot be stayed.
J.C.Mishra
(Querist) 19 December 2014
A govt employee was dismissed from service after departmental enquiry. He then preferred departmental appeals in which penalty was modified to compulsory retirement. Now he wants to challenge the penalty orders before administartive tribunal.
Apart from praying for setting aside of penalty orders, can he pray for any interim relief like stay order on latest penalty or anything else?
Guest
(Expert) 20 December 2014
Dear Shri Mishra,
I have already pointed out that once given effect to an order that cannot be stayed. Court always gives orders, either to set aside any Government/administrative order or for status quo. A layman considers status quo as a stay order, but that means the things should remain unchanged as is where is. That means no effect to already affected matter. In that case penalty (compulsory retirement) would remain effective until that is set aside after completion of trial on the petition by the Government servant.
However, if penalty is set aside by court order, the employee would be entitled to claim the intervening period falling between the date of compulsory retirement and the date of reinstatement, as duty period.
So, better concentrate on presentation of the case in a very effective manner, if you feel that injustice has been done. Otherwise, the employee is eligible for claiming pension & gratuity even on compulsory retirement, besides his GPF balances.
P. Venu
(Expert) 20 December 2014
There is no question of granting stay or status quo as the employee had ceased to be service ever since his dismissal from service.
Rajendra K Goyal
(Expert) 20 December 2014
Full orders need to be referred, consult your lawyer.
J.C.Mishra
(Querist) 20 December 2014
Thanks all. I was also of the same view and wanted to clarify on it.
Thanks once again.
Guest
(Expert) 20 December 2014
You are welcome. But you did not express your views to confirm your views. DID YOU INTEND TO TEST THE KNOWLEDGE OF EXPERTS?
R.K Nanda
(Expert) 20 December 2014
no more to add.
ajay sethi
(Expert) 20 December 2014
agree with dhingraji
J.C.Mishra
(Querist) 20 December 2014
You got it wrong Mr. Dhingra. There was no intention to test anyone`s knowledge here.
I did not express it to avoid a lengthy question, and as I was unsure, I needed the advice of people like you.
Thanks again.
Guest
(Expert) 20 December 2014
Mr. J.C. Mishra,
In fact, your statement, "I was also of the same view," as a Ch. OS, would have been justified before your subordinates, but not here when you came here without any of your own views to get those confirmed or reviewed by the members of this forum with their healthy discussions.
Further, your statement, "I was unsure", in itself contradicts your earlier statement, "I was also of the same view.
Still further, as an executive of your organization, if you say, "stay on the operation of order," can anyone stay operation from back date when the order has alredy been made operative, except by setting aside by the competent court when the departmental channels have been exhausted in the heirarchy of the conduct and discipline rules.
So, I did not get your statement wrong in any way.
J.C.Mishra
(Querist) 20 December 2014
Thanks Mr. Dhingra.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
Appreciably explained by expert Mr. Dhingra, nothing more to add. The author is requested to understand before posting further remarks.
Guest
(Expert) 25 December 2014
Dear Shri Kalaiselvan,
Thanks for appreciatig my views.
