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Petition for review

(Querist) 17 October 2016 This query is : Resolved 
I was wrongly suspended by my Bank In 1996 to 2000 (54 months) and the period was treated as not on duty by an Original Order 0n 03.07.2000, which was challenged in a writ W.P.3225/2002 before the Hon. H.C.Of Madras and was dismissed without application of mind on 06.12.2013.

An appeal was made within time limit and withdrawn with liberty to recourse to law and the First Bench was pleased to order the liberty to recourse to law and liberty under VRS-2000 on 14.07.2014.

Now the 2nd appeal on 11.02.2016, is awaited before the Bench for condone delay of 738 days as CMP-5640/16 (The delay was due to my wife's rheumatic bedridden condition (Hospital records) and I was the only help and further to get the VRS-2000 records.) and yet to be posted for condoning the delay.

My question is : In the mean time can I go for the Review of the order of the single Judge dated 06.12.2013 that dismissed my writ in 3225/2002 as I was aggrieved by that order?

Will it be treatedas a violation of court's procedure or will it be treated as a merger?

Please let me know, so that I can act immediately.
Guest (Expert) 17 October 2016
Please discuss with what specific reason your W.P.3225/2002 was dismissed on 06.12.2013 by the HC Madras and in what way you consider the judgment without application of mind
truman (Querist) 17 October 2016
My contention was:
1.I was arrested by CBI on mere suspicion on 12.04.1996 by planting a letter certified later by GEQD as fictitious. The Bail was granted on 15.05.1996 as no misconduct was found in me and I was not prosecuted in that case by CBI on 10.06.1996.

2. The suspension order on 21.05.1996 was modified for a criminal trial with a false claim that a case was registered against me by CBI on 12.04.1996, whereas, it was an erroneous arrest/ deemed suspension and has to be revoked as no criminal misconduct was found in me by CBI and i was not prosecuted or charge sheeted in that case Registered as C.C 2/98 on 10.06.1998.

3.The suspension Order is illegal in roots as per UOI v K.V Janakiraman without a criminal charge sheet and against State of Orissa v B.K.Mohanty as there was no criminal misconduct or criminal Charge sheet and the order was with mala fide (false Claim) Arbitrariness (overrode the Statute on deemed suspension) and cannot be Justified at all as per State of orissa v mamata mohanty.

4.Instead if reinstatement on 10.06.1998 the DA initiated an inquiry 15 days after the criminal trial ended in my favor without charging me and delivered an Original Order 03.07.200 to treat my criminal suspension period as not on duty based on a minor penalty in the inquiry.

5.I was not suspended for the Inquiry that was based on the fictitious letter used by CBI for my arrest.

6. The inquiry was not under a suspension order. The Original Order defies the law in S.Samson Martin v UOI that a criminal suspension cannot be decided by a Domestic Inquiry- No opportunity was given to rebut the suspension or the penalty of treating the period as not on duty.

7. The learned Judge missed the point that the suspension was for a criminal trial and justified by the Original Order of an Inquiry with no criminal misconduct to quote and deviated from the main subject and ruled that the DA has power under the service Regulation to justify the suspension by reading a part of a single Section.

8. If the learned Judge read the suspension order clearly in the review, he will know the error in his order.

\\Please let me know In the present status of under an appeal, can I go for the Review of the order of the single Judge dated 06.12.2013 that dismissed my writ in 3225/2002 as I was aggrieved by that order?

Will it be treated as a violation of court's procedure or will it be treated as a merger?
Thank you sir.
Guest (Expert) 17 October 2016
Mr. Truman,

I did not ask for your own contention, but the judgment in the case citing reason for dismissal of your case.

Criminal trial by court and the departmental inquiry are two separate entities not to be mixed up in any way, as court trial is based on criminal offence, while the departmental inquiry is based on misconduct as per the conduct and discipline rules of the organisation.

So, discuss briefly on what ground your WP was dismissed by the court?
truman (Querist) 17 October 2016
The lernd. Judge decided that the period of the criminal suspension can be treated as not on duty based on the minor penalty in the inquiry even if the Inquiry was not under a suspension order.
truman (Querist) 17 October 2016
Dear Sir
Thank you for your time. I will await your answer.
Guest (Expert) 17 October 2016
Still you are mixing up the court trial and the departmental inquiry. There is no such term of "criminal suspension" in any of the CDA Rules. Deemed suspension is made in criminal cases, which can be treated as duty only if the accused is exonerated honourably by the court of law. There is no connection of deemed suspension with any departmental inquiry.

By the way, what is the opinion of your own lawyer about your present query, which you should also mention?


truman (Querist) 17 October 2016
I am representing as party in person with due help from the lawyers club of India and other learned friends in law.

I shall be happy if I am given the guidance that whether a review petition is acceptable in procedure when an appeal is before the bench.

The Review petition will be based on the prayer to read the suspension order in full and the Regulation quoted in the Order in full and decide based on the facts on record and the law governing that fact.

Thank you sir for so much of time and energy being spent for me.
truman (Querist) 17 October 2016
Thank you sir for so much of time and energy being spent for me.
Rajendra K Goyal (Expert) 17 October 2016
Casual query may not solve the problem, it is better, state material facts and reply the questions from experts / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
truman (Querist) 17 October 2016
The details are given above and the query is that:

An appeal against a single judge order is pending before the bench and will be taken for deliberations after the condone delay petition that is awaited disposal.

In the mean time whether a review petition on the same order be filed before the single judge pointing the error in the order as the petitioner is aggrieved by that order?

The court /legal procedure that is prevalent is queried.
Guest (Expert) 17 October 2016
Why do you feel that revision should also be filed pending your appeal?

Also, you have not stated, "what is the opinion of your own lawyer about your present query."
Rajendra K Goyal (Expert) 17 October 2016
Please reply the questions from expert P.S. Dhingra ji.
truman (Querist) 18 October 2016
I feel that if the appeal is dismissed I have to go to the SC for relief and I do not have the age or money to do that.

As the case was not taken up sincerely by the single judge a review may at least kindle his conscience.

As I told you earlier I have no lawyer of my own and I contested the case as party in person.

Please help me if you can and i thank you for your efforts so far.
truman (Querist) 18 October 2016
I feel that if the appeal is dismissed I have to go to the SC for relief and I do not have the age or money to do that.

As the case was not taken up sincerely by the single judge a review may at least kindle his conscience.

As I told you earlier I have no lawyer of my own and I contested the case as party in person.

Please help me if you can and I sincerely thank you for your efforts so far.
Guest (Expert) 22 October 2016
When you say "I do not have the age or money to do that," that plea does not seem to be relevant.

A question arises, when you don't have the age as well as money, why do you want to open two fronts at a time, which may prove to be tiring and may cause more agony for your age.

Better concentrate on one front only.

Also, it is advisable to hire services of a lawyer to fight the case effectively.
Rajendra K Goyal (Expert) 22 October 2016
Concentrate on one front only, agree with expert P.S. Dhingra ji.
truman (Querist) 23 October 2016
Thank You Gentlemen.

I Have filed a petition to withdraw the present Appeal with liberty to recourse to law to file a fresh appeal on the plea that I will exhaust my option for a review of the order before the single Judge and come again in case of dismissal.

Please advice.
Rajendra K Goyal (Expert) 23 October 2016
You are welcome.
Guest (Expert) 23 October 2016
Best of luck.


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