Service matter

bharatbhai vyas (Querist) 29 November 2015 This query is : Resolved
sir,i am a govt.servant, department ordered to dismissal from service on ground of moral turpitude (sentence in acb case)dt.20/11/15
my regular retirement date is 30/11/15.
department did not fulfill admn.rules before
issued order .Dp.did not gave me chance to personal hearing.
can i file petition in high court for that?
is it possible to go direct high court ?
thanks.

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Isaac Gabriel (Expert) 29 November 2015
Yes. File Writ Petition at the High court if procedural irregularity or violation of natural justice.

Guest (Expert) 29 November 2015
Petition in HC not advisable without exhausting official channels for the process of appeal etc.

Sudhir Kumar, Advocate Online

(Expert) 29 November 2015
matter can be filed in CAT (hont High Court)

that too after exhausing depttl remedies.

Sudhir Kumar, Advocate Online

(Expert) 29 November 2015
refer detailed discussion at

http://www.lawyersclubindia.com/experts/Suspension-from-job--572676.asp

Sudhir Kumar, Advocate Online

(Expert) 29 November 2015
also refer

http://www.lawyersclubindia.com/experts/Effect-of-DV-case-on-Govt-Job--541141.asp

Rajendra K Goyal (Expert) 30 November 2015
First go for appeal with the departmental appellate authority.

bharatbhai vyas (Querist) 04 December 2015
sirs, opinion is not clear, follow departmental procedure or court?
one more thing that department nothing to do except SCN ? the duty of authority is not to go on merit ? some time decision of court depends on technically situation related to other accused person involvement in the matter wheres department has to decide concerned employee involvement and in its way the definition of moral turpitude.
sir i discuss the matter broadly because sir , in this matter ,on the record not a single evidence verses me. and it is limitation for me to present related all documents. thanks endless.

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