Can an implemented judgement be challenged?
Sahil
(Querist) 03 May 2016
This query is : Resolved
A sanction accorded by me to my subordinate was refused by the paying authority, in writing. The beneficiary questioned the validity of the refusal in HC.
The HC quashed the refusal and directed the paying authority to implement the sanction issued by me. Appeal was preferred against the judgement, which came to be dismissed after hearing both the sides. Sanction was not implemented until the beneficiary filed contempt petition against the paying authority. However, the benefits were extended to the beneficiary upon the contempt notices.
Now, the paying authority, with due concurrence of its superiors (GoI) is prepared to file SLP in SC, but insisting me to join with it to file the joint SLP.
Please, do suggest the course of action to be adopted by me and enlighten me about the legal repercussions of the proposals of the said authority.
Devajyoti Barman
(Expert) 03 May 2016
You need not be made a party in SLP, more so, when you were not there in the high court.
A authority without the leave of the court can not be party for the first time in supreme court.
Kumar Doab
(Expert) 03 May 2016
Has the paying authority insisted in writing?
if required or rather warranted, You may gently request them to seek legal opinion.
Sahil
(Querist) 03 May 2016
Dear sir (Mr. Barman),
I regret, because I forgot to mention that the petitioner had impleaded both of us, me and the paying authority, in the said petition. Actually, my concern is; since the validity of sanction accorded by me is upheld by the HC, will it not amount to disputing and agitating my own action before the SC, if I join with the paying authority.
I will be much thankful, if you could cite the appropriate precedent either to cooperate with the paying authority or to convince it if doing so is impermissible for me.
Often it is said that upon implementing a judgement the same attains finality. It is in this background, I am seeking the advise of experts.
P. Venu
(Expert) 03 May 2016
It appears you were cited in the WP as a private respondent. Please confirm.
It also appears that you are in Government service and the paying authority referred is the Cheque Drawing Officer Officer or the PAO or the Treasury Officer. Please please provide the details, if comfortable.
Rajendra K Goyal
(Expert) 03 May 2016
Full case file and related orders need to be referred, discuss with senior lawyer.
malipeddi jaggarao
(Expert) 03 May 2016
What was the stand taken by you in the High Court?
Sahil
(Querist) 03 May 2016
I was the official respondent. Yes, I belong to Group A State Civil Services. The paying authority is the part and parcel of the IA&AD, i.e. C&G's organisation, which issues authorisations for payments.
As regards Shri M.P. Jaggarao's question, since the sanction accorded by me in the capacity of controlling officer of the petitioner was not under challenge, so there was no necessity of taking in any stand by me before the HC. The petitioner by himself had sought the mandamus for implementing the order issued by my office.
Kumar Doab
(Expert) 03 May 2016
You are being guided by very able and seasoned experts like Mr.Barman, Mr.Venu,Mr. Jaggarao.
This is an interesting thread.
I am simply posting some first hand impressions and inputs.
You have posted that:
"validity of sanction accorded by me is upheld by the HC"
"Appeal was preferred against the judgement, which came to be dismissed after hearing both the sides."
"Sanction was not implemented until the beneficiary filed contempt petition against the paying authority. However, the benefits were extended to the beneficiary upon the contempt notices. "
"A sanction accorded by me to my subordinate was refused by the paying authority, in writing.'
"Now, the paying authority, with due concurrence of its superiors (GoI) is prepared to file SLP in SC"
Has there been any fault (pointed out) during such concurrence, with order passed by you in accordance with rules!
P. Venu
(Expert) 03 May 2016
It is my considered opinion that if you were the respondent in the official capacity, then it is better the matter is referred to the higher authority for his decision.
However, the situation is different if you had been a private respondent.
The filing of SLP is a mere face saving device. In all probability, the Supreme Court is unlikely to grant the Leave.
Perhaps, it may be proper if I share with you a similar, though not exact, development which occurred while I was in service. I had sanctioned and paid certain LTC Claims which was objected by my official superiors as well as the PAO. However, I did not effect immediate recoveries highlighting the legal elements. After my transfer, my successor tried to recover the amounts and this resulted in the employees approaching the CAT and getting a favourable decision. I was a private respondent. In the WP in the High Court, the Authorities had included me as a petitioner, but the Court had transposed me as a respondent. The High Court had upheld the CAT decision and the Apex Court had refused Leave to the SLP. The decisions could be accessed at file:///C:/Users/hp/Downloads/C_SCA_4881_2009_o_2%20(1).pdf and file:///C:/Users/hp/Downloads/C_SCA_4881_2009_o_3%20(1).pdf
Kumar Doab
(Expert) 04 May 2016
Dear Mr. Venu,
The files are not found at mentioned links.
Kindly post the links again.
P. Venu
(Expert) 04 May 2016
The cases involved Special Civil Application (SCA) 4881 & 4883 of 2009. The Orders and the decisions could be accessed at judis.nic.in.
Kumar Doab
(Expert) 04 May 2016
Dear Mr. Venu,
Kindly post the links again.
The decisions can be really useful and helpful.
Sahil
(Querist) 04 May 2016
Dear Shri Kumar Doab Ji
The concurrence is obtained by the PAO. I am not sure about the basis of the same. But, I am confident that the rejection of the PAO is founded on the grounds of its conjectures and misinterpretation of the rules occupying the field ofsanction in question.
Sahil
(Querist) 04 May 2016
I am much grateful to Sir P. Venu. By the by I have no words to express my thanks, because you have quoted such an important judgement to which yourself were the party. Thanks a lot Sir Venu Ji.
However, you may be pleased to cite the title of the case law cited in your post, since I could not find the judgement based on SCA reference. Or at least the Date of Decision to enable me to search the same.
Kumar Doab
(Expert) 04 May 2016
Dear Mr. P.Venu,
Thanks for posting the reference.
Kumar Doab
(Expert) 04 May 2016
So your concurrence has been obtained.Or you have tendered it.
The HC has already taken care of the conjectures and if matter is posted to SC it shall do the needful.
Mr. Venu has posted useful links.
Dr J C Vashista
(Expert) 07 May 2016
Well advised by experts, nothing more to add.
