Reinstating in service/labour law/civil writ
Nikhil
(Querist) 19 January 2018
This query is : Resolved
My father get terminated from job in 2003 from health dept. bihar government. He filed a case in high court to set aside the resolution in 2007 and the final judgement came on August 2017.
The matter is that my father issued indents for Medicine in favour of MSD,kolkata for supply of medicines which latter distributed to various Primary Health Center. At that time he was not a competent authority to do so. Department placed corruption charges on him due to which he get suspended in 1998 and then terminated in 2003.
Same matter also happen with another two doctors Mr. Prabodh Jha and Mr. RP Singh. They also approached the court and when the decision comes in favour of them they were reinstated in service by department.
In my case the order came as..
(1) having heard learned counsel for the petitioner and on consideration of the material on record,the court find merit in the writ petition. It would appeared that the aforesaid Dr. P jha and Dr. RP Singh were also proceeding against for having alleged placed indents for Medicine from MSD Kolkata in irregular manner in excess of allotment and for which they had been dismissed from service.however they were reinstated in service subject to certain penalties inflicted upon them. The fact stated by the petitioner in this regard have not been controverted by the respondents.
(2) in the above view of matter, the impugned resolution is hereby set aside and the matter is remitted to the commissioner cum secretary,dept. of health to consider the case of petitioner and pass order afresh in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and preferably within a period of 4 months from the date of this judgement.
In December a letter came from dept. to present before chief secretary with proof of innocency. Chief secretary ask the matter in brief in 3-4 mins
Recently dept send a letter stating that your dismissal punishment will stand same and your representation is rejected.
Is this comes under contempt of court?
When two Dr. reinstate in service having same matter then why the dept not reinstating my father back to Job
What can we do now???
Guest
(Expert) 19 January 2018
The matter does not fall within the scope of contempt of court as irrespective of the court having set aside the resolution of suspension, but did not give an order to reinstate the employee. The court merely remitted the case to the competent authority to reconsider to pass the order a fresh. Since the competent authority has already passed the order after reconsideration, the authority has already complied the order of the court. So, no contempt become due.
In the meanwhile in your query you have not made any mention, whether your father weas reinstated after court judgment or the court issued any order to regularize the suspension period and whether the competent authority issued any order for the regularization of the suspension period as duty or not after the court order.
However, if any further advice is desired, the case may be got examined in detail from any services laws expert for further advice with specific reference to representation, if any made after the court order, copy of the revised order rejecting the representation and the order of the court before arriving at some purposeful opinion.
Sudhir Kumar, Advocate
(Expert) 19 January 2018
Agreeing with Mr Dhingra I would just add that you can meet service law counsel with entire documents ans to examined as to whether a fresh case can be filed or old one can be revived.
P. Venu
(Expert) 19 January 2018
Yes, there is no contempt of court involved. However, your father can seek further remedies, if so advised. However, the information posted is insufficient to make any meaningful suggestion.
Kumar Doab
(Expert) 19 January 2018
AS per your post proper/adequate opportunity of hearing was not provided and what was granted was just a Khanapurti ( eyewash) of visit for 3-4 minutes.................to avoid contempt of court.
Kumar Doab
(Expert) 19 January 2018
You may show the entire case record from day 1 till the latest letter confirming the previous punishment to a very able senior LOCAL counsel of unshakable repute and integrity specializing in service matters and having successful track record………………..
Inquire at LOCAL Civil courts/HC.....
Nikhil
(Querist) 19 January 2018
No he was not reinstated after Court judgement
Nikhil
(Querist) 19 January 2018
Yes chief secretary shows only a formality to avoid contempt of court
Sudhir Kumar, Advocate
(Expert) 19 January 2018
You may be able to litigate further. However, on merits of the case you do not have much ground as the allegation pertains to exercising financial matters beyond powers.
Nikhil
(Querist) 19 January 2018
Yes but another two doctors have same allegations of exercising financial matter beyond power but despite of that they reinstate in service by dept after high court order..then why there is fluctuations in justice in my father case
P. Venu
(Expert) 20 January 2018
No definite opinion is possible unless all the decisions are perused.
Nikhil
(Querist) 20 January 2018
If possible kindly read full judgement in patna high court website ( case status ) CWJC 8195(case no.) Year 2007
Guest
(Expert) 20 January 2018
No single document of judgment can be sufficient for conclusive opinion.
Sudhir Kumar, Advocate
(Expert) 20 January 2018
why do you expect that experts would search judgement and read the whole and then for m an opinion without even knowing other case.
P. Venu
(Expert) 20 January 2018
I have gone through the Judgment. The question that remains whether, in the light of the decisions reinstating Dr.Jha and Dr.Singh, the decision in your father's case is judicious. This aspect requires the perusal of the said Orders.
Nikhil
(Querist) 20 January 2018
Thank you Sir for your valuable opinion
Dr J C Vashista
(Expert) 21 January 2018
Very well analysed, opined and advised by experts, I agree, nothing more to add.
Guest
(Expert) 21 January 2018
Solutions are always there, provided right tract is adopted for timely right actions.
Kumar Doab
(Expert) 21 January 2018
Spend quality time with LOCAL counsel as already suggested and show all docs and said judgment...........and spend quality time wit your counsel.
The sharp and expert LOCAL counsel worth his/her salt can opine point blank that way out can be paved in the matter............
Kumar Doab
(Expert) 21 January 2018
You are welcome...
Nikhil
(Querist) 23 January 2018
Thank you all for your suggestions...
