Reimbursement of litigation expenses from deptt.?

Querist : Anonymous (Querist) 03 January 2012 This query is : Resolved
Is it possible to reimburse, as per CCS (CCA) Rules 1965, the litigation expenses, from the department, if an employee of central govt. challenges the order of extension of the deemed suspension in Central Administrative Tribunal and wins the case?

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sharad raghav - 9990549475 (Expert) 03 January 2012
as per my knowledge,there is no such provisions for reimbursment under ccs(cca) rule 1965.so in present situation u can go for a civil suit to get the litigation amount.

Raj Kumar Makkad (Expert) 03 January 2012
It depends upon concerned court to decide whether on the application of the delinquent employee, it directs the department to pay full damages or not otherwise there is no any specific law to guide courts in the given matter.

Advocate. Arunagiri (Expert) 03 January 2012
Normally the court will order with cost, and the compensation if any with interest.

Sudhir Kumar, Advocate (Expert) 04 January 2012
CAT generally does not order any cost and writes in judgment the parties are left to bear the cost. If such line is added then you have to go to the high court to challenge this line and the department will have opportunity to argue against the whole of judgment if the suspension has been set aside (even if they are otherwise bound to implement as the Law Ministry may not advise appeal in the case) . If no such line is added by CAT then the issue of damages does not stand adjudicated and separate civil suit can be filed as advised by Mr Agnitori. The limitation for department to challenge this judgment is three months beyond which they are liable for contempt if they do not implement and do not obtain a stay from High Court. But limitation for filing of the civil suit as advised by Mr Agnitori (if I am not wrong) is three years. Logically this period of limitation should start fro the date when you got the suspension order annulled as unjustified. Your premature threat of claiming damages will leave the deptt with no other alternative but to file appeal in High Court (even if they otherwise do not want) and you further keep suffering for yars.

prabhakar singh (Expert) 04 January 2012
agree with above opinion of Mr. Sudhir Kumar.

Shonee Kapoor (Expert) 05 January 2012
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M/s. Y-not legal services (Expert) 05 January 2012
am also agree with mr.sudhirkumar.

-tom-

Raj Kumar Makkad (Expert) 08 January 2012
Sudhir has focused light on some untouched aspects of the matter.

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