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Aminu Deen (Principal Scientist)     13 December 2015

Nullity

There is an Order of Central Administrative Tribunal which holds me guilty, but there is no legal charge sheet against me, in place there is a forged charge sheet. Question is whether this Order is a nullity, because CAT has no jurisdiction to enter into any judgment against incumbent till a charge sheet is there.  The question is posted before Lawyersclub India repeatedly but getting no answer.  The question is posted as applicant is not agreed with the advice of his lawyer.  The lawyer says judgment can never be a nullity.  He says it is only the proceedings can be called nullity but not a judgment of the Court.  Whereas I am of the opinion that this Order is a nullity because there is no charge sheet against me and Court has no jurisdcition to enter into any judgment against me.  The question is posted as applicant do not agree with the views expressed by his lawyer.  He wants to know views of other lawyers. 



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 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     14 December 2015

Hi,

Your lawyer is right.. the court judgement cannot be nullity but you always have a right to present your appeal before the higher court to challange the judgement of the lower court.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

 

 


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