Termination in probation: sca rejected by high court of guj.
manish444in
(Querist) 19 February 2018
This query is : Resolved
dear experts,
I have filed SCA in Hon. Gujarat high court in the year 2015 vide ref SCA/9563/2015 regarding my termination after a prohibition case registered against me. The same was dismissed vide order dtd 19/02/2016 stating various reasons. You can see the order at http://gujarathc-casestatus.nic.in/gujarathc/tabhome.jsp.
Can I file review petition now as our quantum of punishment is highest against other officer who also were associated in the same case and got some minor punishment like stopping of increment and stepping down, while we 2 persons were terminated.
Would you please advice what should I do?
P.S. criminal case is still pending in lower court and dont know when it will end. The case is in order state since last one years.
Kappil Cchandna
(Expert) 20 February 2018
Sir,
Can you email me the copy of the order af advocate.kapilc@gmail.com
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
R.Ramachandran
(Expert) 20 February 2018
The time limit for filing Review Petition is hopelessly time barred. It is more than 2 years now after the HC passed the order. Therefore, you cannot file Review Petition because limitation period is over.
Further, review petition can be filed only if you can point out any mistake/error which is apparent on the face of the record. In this case, what you want to say is that others of similar charge have been let off with minor punishment but you have been terminated. THAT IS NOT AT ALL A GROUND FOR SEEKING REVIEW OF THE DECISION OF THE HIGH COURT.
Guest
(Expert) 20 February 2018
Your problem is that you are misrepresenting case as of termination in probation, instead of termination on disciplinary action or criminal case pending in the court.
Guest
(Expert) 20 February 2018
Frankly speaking, you have committed blunder in filing SCA and ruined your own case seemingly by hasty presentation against the penalty, rather than concentrating on your pending criminal case in the lower court. So now by losing the SCA you have created a great hurdle in the way of your reinstatement even if you win in the criminal case in the court of law.
Now, if you file a revision petition even by specially getting the delay condoned, you would totally block your chances of reinstatement in service, as instead of touching the very base of the problem, i.e., the criminal case, you prefer to sidetrack your case merely on the ground of severity of the punishment. That is definitely going to fail. You should know that termination in probation is not a penalty, rather termination on account of criminal case is penalty and cannot be set aside until you are exonerated of the criminal charge by the court in the pending criminal case.
Better concentrate fully on effectively defending your criminal case rather that diverting your attention through some frivolous revision, etc.
Kumar Doab
(Expert) 20 February 2018
You were advised in previous threads to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in SERVICE matters and having successful track record……….
That is precisely what you must do.
http://www.lawyersclubindia.com/experts/Termination-of-probationer--276661.asp
http://www.lawyersclubindia.com/experts/Special-civil-application-at-gujrat-high-court-564116.asp
Kumar Doab
(Expert) 20 February 2018
And take help of a very able senior LOCAL counsel of unshakable repute and integrity specializing in CRIMINAL matters and having successful track record……….and get acquitted f chages.
Have you initiated any other thread also!
Dr J C Vashista
(Expert) 21 February 2018
Is it not absurd, ridiculous and stupidity to repeat same story time and again?
manish444in
(Querist) 21 February 2018
Now condition is that our criminal case is in order stage since last one year. The judge told that he cant pass a order without assistant public prosecutor. We have file a application in district court regarding our progress of current case. But till date no action is taken yet & judge is not in mood of giving order.. Pl advise
