kunal “#unconventional #Aquari 18 September 2017

Administrative matter.

1. My friend has an administrative matter pending against him before CAT since 2015. The detailed contents of this matter, as well as my friend's ID are both withheld at his request for privacy reasons; needless to say its a *very serious charge*. No hearing has been afforded to him by CAT since start of the case in 2015.

2. In 2017 my friend filed a CWP before the High Court seeking directions that CAT end all proceedings in 180 days as Rule 14(2) CAT Procedure Rules stipulate. Unfortunately the matter was dismissed and case remitted back to CAT for further adjudication.

3. This CAT hearing was scheduled to be held on September 2017. However it has been once again adjourned to sometime in December.

4. This (adjournment) has been going on for a very long time. It appears that justice will never be served to my friend...An additional relevant detail is that my friend has only 2 more years left before he retires from public/Govt.service.

5. Now that the CWP has already been dismissed by the High Court the grounds that it was filed at a very early stage (only 2 yrs post commencement of CAT proceedings against my friend), are there any further legal remedies available to my friend? Can a fresh CWP be filed without acting as res judicata against the first writ petition filed by my friend that was dismissed by the High Court previously?

Thank you.

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7 Replies

(Guest)

Has he not sought for the advice of his own lawyer? If asked, what is his advice?

kunal “#unconventional #Aquari 19 September 2017

His lawyer says to wait. But my friend is getting dispirited

P. Venu (Advocate) 19 September 2017

The facts, as posted, are incomplete and or misconceived. Please provide the following information.

1. When was the disciplinary proceedings initiated?

2. When was the Inquiry Officer appointed?

3. Has he he completed the proceedings and submitted his reported?

4. Has any punishment imposed?

5. What are the reliefs sought from the CAT?

6. what are the grounds pleaded?

kunal “#unconventional #Aquari 19 September 2017

@P. Venu regards ur query:

1. 2015
2. 2015
3. No.
4. No.
5. To culminate all proceedings within 180 days and reinstate petitioner if charges unproved.
6. That as no conclusive articles of charge brought against petitioner under PSIA 1850 proceedings may kindly be dismissed and petitioner reinstated in service

kunal “#unconventional #Aquari 19 September 2017

@P Venu sir/madam plz try 2 understand the facts of case. Ever since the case started in 2015 my friend has not been afforded a single hearing. The OP finds one or the other excuse to delay proceedings against my friend. All that My friend wants is a final hearing. It doesn't matter whether CAT judgement goes in or against his favor. He just wants a final verdict

PS: This hearing I'm referring to is final hearing.