Time limit for filing rejoinder


I am working in a government department in India (Delhi). Here is the gist of my case.

An officer submitted a complaint against me for being discourteous. Acting on his complaint, I was issued a memorandum by the administration to explain my position within five days from the receipt of the memorandum. I submitted the reply in time. Subsequently, administration asked the complainant to file a rejoinder in response to my reply. Now, that complainant officer is brooding over the case. It is more than six months ago. The administration is not taking any action against him for non-submission of the rejoinder. The complaint is still on.

My Question: What is the time limit for submitting a rejoinder in such cases? What could be the course of action if that time limit is over?

Thanks in advance to everybody whosoever happens to be my saviour. 

 
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practicing advocate

There is no time limit to file rejoinder.  It is better to press the adminstrator to take it as rejoinder not filed.  Moreover in complaint rejoinder cannot be filed.  I think adminstrator is lack of knowledge.


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Thanks for the prompt reply.

What a foolish rule is this? I was asked to file my explanation within five days. On the other hand, the complainant can delay the rejoinder upto the time he wants. This is a new thing for me that rejoinders are not asked for in case of complaints.

 

can you suggest me some good book where i could get all these rules from?

 
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Advocate Bombay High Court I 7809

The 5 day limit is in itself debateable. Who sets this time limit? Next natural justice demands that no litigation, in this case an enquiry, extend indefinitely.  Demand an early end by asking for dismissal of the complaint especially since the time of 5X3 = 15 is over. This I am basing on the CPC which has a 30/90 day maximum period for a reply.

Bapoo M Malcolm


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Advocate

Now the ball is in complainant's court. It is his will and pleasure to reply or not. Neverthless the department would wait for his response , but  they cannot compell him to file rejoinder.and delay tactics woould create an adverse inference on his complaint.


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