Pl. advice me a sr. advocate who is well conversant in service rule and railway establishment to fi
satish kumar
(Querist) 27 January 2015
This query is : Resolved
Brief of proceedings of the case OA 1025/PB/2013 in CAT:
1. Legal notice dated 18.11.2012 was sent to secretary, railway board, new delhi and to GM & GM(P), RCF, Kapurthala by the counsel for applicant Sh. Arun Singla against the order of promotion to the post of AEDPM (B group) of three candidates dated 17.07.2010 passed by GM(P) and were earlier appointed in Nov. 1991 to the post of AP & DPS without fulfilling the eligibility criteria (without PGDCA computer degree) and not giving chance for promotion to the genuine candidates who appointed with completely fulfilling the eligibility criteria although the eligibility criteria was remain the same throughout the recruitment years 1988 to dec. 1998 except in experience. Not only the three candidates but others also appointed without computer degree. The post AP & DPS was merged as Sr. Engr./IT after implementation of 6th pay commission. Reply time was given within 1.5months to GM(P).
2. After end of 1.5 months, the counsel for the applicant filed a case in CAT, Chandigarh with OA no. 243/PB/2013 in the 3rd Feb, 2013 before the reply of the legal notice by GM(P) dated 06.02.2013.
3. Order dated 01.03.2013 passed by the Hon’ble Tribunal to give the reply of the legal Notice by the GM(P) to the Hon’ble Tribunal in which the GM(P) rejected the claim of the counsel of the applicant.
4. The reply of the order dated 01.03.2013 was given by the GM(P) on dated 31.05.2013.
5. Against the order dated 31.05.2013 of GM(P), the counsel for applicant filed a case in the CAT, Chandigarh with OA 1025/PB/2013 in june, 2013.
6. The counsel of the applicant demanded from the Hon’ble Tribunal to give reply of the OA 1025/PB/2013 by the counsel for respondents.
7. A written statement was filed by the counsel for respondents as reply to the OA 1025/PB/2013.
8. Replication on dated 14Feb, 2014 was filed by the counsel for applicant as a response to the written statement of the counsel for respondents in the Tribunal.
9. On hearing dated 15.10.2014 and on objection of the counsel for respondents, the Hon’ble members order the counsel for applicant to make party of the concerned persons for further proceeding of case.
10. On hearing dated 20.10.2014, the Hon’ble members ordered not make party of the concerned persons but to file an affidavit on the basis of order dated 20.10.2014 that the following candidates have not possessing the required qualification for appointment to the said post.
11. The reply of the order dated 20.10.2014 was submitted by the applicant and the affidavit will be submitted after arguing on the said order. The Hon’ble members told the counsel for applicant first to file an affidavit.
12. On dated 01.12.2014, the affidavit as well as reply of the order dated 20.10.2014 was submitted by the counsel of the applicant to challenge the appointment, seniority and promotion of the candidates of the respondents.
13. On hearing dated 04.12.2014, Hon’ble members asked client verbally to bring his educational certificates on next hearing date 23.12.2014.
14. On hearing dated 23.12.2014, argue was made in Hon’ble Tribunal by the counsel for applicant. The Hon’ble members did not asked the client to show his educational certificates although the client along with file of his educational certificates was standing with his counsel before the Hon’ble members to show his certificates.
15. Without pronouncement of decision date, the Hon’ble members sent judgment to the counsel for applicant.
16. has CAT power to vrify the certificates of the candidates against whom case is lodged?
P. Venu 
(Expert) 27 January 2015
What is your query?
satish kumar
(Querist) 27 January 2015
has CAT power to vrify the certificates of the candidates against whom case is lodged?
P. Venu
(Expert) 28 January 2015
Yes, CAT has such powers.
Anirudh
(Expert) 28 January 2015
The question is have you got a copy of their qualification certificate in your hand?
If you do have, do you mean to say that they did not possess the certificate at the time of appointment in the year 1991?
This is crucial to proceed further.
Guest
(Expert) 28 January 2015
Well Advised By Expert Mr.P.Venu Expertised in Govt.Matters.
Guest
(Expert) 28 January 2015
Mr. Satish Kumar,
The authority, to whom the case is referred for adjudication & justice, becomes fuly empowered to verify the facts fully. So, the question, whether the CAT has power to verify or not the certificates of the candidates against whom case is lodged, has no relevance. So, the CAT was fully empowered to verify the correctness of contents of the petition, statements, and affidavits, whasoever that be, with reference to the relevant documents. That is another issue, if the members of the CAT did not prefer to verify later.
However, if the candidate still has any reservation about lacuna on the process or doubt on the veracity of judgment he can file appeal in the H/C against the order of the CAT.
P. Venu
(Expert) 03 February 2015
There is no provision for appeal against the decision of the Administrative Tribunal. However, supervisory jurisdiction of the High Court in terms of Article 227 could be invoked if the Tribunal's decision is illegal or irregular.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
you might be by now having a bunch of 15 Kg stationary. You cannot describe all facts on open thread.
Trust your lawyer or change him.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
repeated
http://www.lawyersclubindia.com/experts/time-limitation-of-service-after-which-one-can-t-challenge-its-appointment-seniority-promotion--521746.asp
