Writ petition reserved for judgement
malipeddi jaggarao
(Querist) 31 December 2014
This query is : Resolved
I was discharged from my Institution (PSB) on frivelous grounds in the year 2010. I approached one of the outstanding and eminant advocates in service matters and filed a Writ in High Court in 2010. As nothing was moving, I took noc and represented as party-in-person. After taking up frequent mentions, the judge took up the case and arguments from both sides closed and it was reserved for judgement under caption "CAV" on 30.10.2014. But till now judgement is not pronounced. The papers filed by me are bulky as many important papers I could secure through RTI application in second appeal and these were filed in the Court making additional prayer by filing M.P.
I seek your valuable advice on the following:
1. The status of case is "CAV". Does that mean that the prouncement of judgement will be by the same judge irrespective of change of benches, transfer or retirement?
2. I am attaining superannuation in July 2015. I wish that the judgement should see the light of the tunnel well before July 2015.
3. How much time normally it will take for pronouncement of judgement in kept under "CAV" caption? The judge is over-burdened with the work and people say that he will take pretty long time.
4. If the judgement is in my favour, whether it has to be implemented by the Institution immediately or they may drag the matter till the expiry of appeal period.
5. Normally how much time will be given for appeal in service matter writs?
6. If they go for appeal, can be disposed of at admission stage if sufficient grounds are presented to the appellate authority?
7. I do not wish to represent the matter for expeditious disposal to CJ as it may turn adverse.
The very purpose of fighting this case is prove that the Institution is wrong in inflicting the punishment. This will serve only if I am reinstated before my superannuation i.e., July 3015. Hence kindly analyse and guide me on the above points and also future course of action.
With regards
Jaggarao Malipeddi.
Guest
(Expert) 31 December 2014
Sir Though It is Very Good that You had represented As Parte in Person I would request you to Show all the documents filed in Court to atleast Two Or Three Most Senior Advocates Of Hyderabad Fixing appointment with them and Seek their Opinion and Guidance.Your Patience is Very Important than taking a Risk.
ajay sethi
(Expert) 31 December 2014
1) judgement will be pronounced by same judge who heard your case
2) you can have papers produced before judge which heard your case and request for early judgement as you will be retiring shortly
3) generally judges dont take 2 months for delivering judgement . normally in one month you can expect court to pronounce order
4) respondent can request for stay of order for period of 4 weeks or so to enable them to file appeal
5) court may grant stay for period of 4 weeks
6) it is at court discretion . it may dispose at stage of admission or admit the petition and it will reach final hearing in due course
Kumar Doab
(Expert) 02 January 2015
Agreed that for this matter you should avail the services of senior lawyers/law firm and represent that you are greatly affected and decision should be pronounced.......
Kindly download the Supreme Court of India Judgement from the following thread:
http://www.lawyersclubindia.com/forum/Judgement-date-and-month-72133.asp#.VKZoSaKUcqM
CAV------Cur Ad Vult------Curia Advisari Vult', which means literally, 'the court desires to consider'-----indicates that it's a 'reserved decision', which means that it was given some time after the judge finished hearing the case......
Supreme Court of India
Anil Rai vs State Of Bihar on 6 August, 2001
http://indiankanoon.org/doc/1517737/
After the judgement by the apex court ::::There are case flow management rules, directions on pronouncement of judgments, in high courts ...................YOu may downlaod the rules for 'CAV' caption from the concered High Court.
Justice K.T. Thomas and Justice R.P. Sethi began their judgment in Anil Rai v. State with the observation : "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments." The Supreme Court in the above case strongly deprecated the practice of judges in 'reserving' judgments in matters and not pronouncing them for long periods of time.
The Supreme Court laid down the following guidelines for the said purpose, which are enumerated hereinbelow;
i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.
ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that month.
iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
Jagga Rao Sir, Hope you are satisfied with the experts prompt replies and also the proper guidance (?), well let me also give my opinion after ascertaining the details from my own sources which will be duly sent to your personal mail id or PM.
malipeddi jaggarao
(Querist) 03 January 2015
@ Expert Sri Kalaiselvan - You are aware of the case and how I could complete the arguments within 3 months after taking back the file from the senior advocate. Yes, definitely the experts' opinions give me confidence that my thinking is right. My immediate task is how to get the judgement pronounced within reasonable time. The second concern is to stall the Bank from delay tactics if appeal is preferred (by either side). As far as outcome is concerned, I am confident that the judgement will be definitely positive - may be I am over-confident!. Kindly ascertain from your known sources especially on the two points enumerated above now. Thanks for your instant support always.
Guest
(Expert) 03 January 2015
Could the Expert Mr.T.Kalaiselvan Advocate Brief About The Question Mark "also the proper guidance (?)" posted in his Reply.
T. Kalaiselvan, Advocate
(Expert) 03 January 2015
Dear expert Mr. NJS, the question mark denotes, that if at all the author was not satisfied with the guidance given by experts, it was my own doubt, and as expected the author had come out with the doubts that still persists in him. That is I subsequently assured him with more details/desired information in short course of time.
Guest
(Expert) 03 January 2015
Thanks For the Reply Please
Kumar Doab
(Expert) 03 January 2015
There is a system to attend to 'CAV' matters and you may find the following judgement relevant:
HIGH COURT OF A P VS. SPL DEPUTY COLLECTOR LA A Pregent_logo
LAWS(SC)-2007-3-52
SUPREME COURT OF INDIA
Decided on March 21, 2007
High Court Of A.P.Appellant
VERSUS
Spl.Deputy Collector (LA), A.P.Respondents
http://www.the-laws.com/Encyclopedia/Browse/ShowCase.aspx?CaseId=007002783000
( 2. ) THE High Court of Andhra Pradesh has filed the appeal in question. Andhra Pradesh High Court Advocates' Association has been impleaded by orders of this Court. Learned Counsel for the appellant and the Andhra Pradesh High Court Advocates' Association submitted that the matter is having serious implications and this Court should lay down the norms.
The primary grievance seems to be transfer of the cases which were coming for hearing under the captions "CAV", "for judgment" and "for pronouncement of judgments". The following orders need to be quoted.
Kumar Doab
(Expert) 05 January 2015
All experts are requested to kindly share their valuable advise in this Important matter of our fellow expert and companion.
Kumar Doab
(Expert) 05 January 2015
Dear Mr. Jagga Rao,
You have confirmed that you have gone thru the judgments.
Please take all steps that shall fetch you desired relief.
Kumar Doab
(Expert) 05 January 2015
You may find the following also relevant and useful:
Rajasthan High Court
Raj Bar Gederation vs High Court Of Judicature And Ors on 1 July, 2013
http://indiankanoon.org/doc/198021703/?type=print
“That the Case Flow Management Rules, 2006 framed by the High Court have seemingly remained unimplemented, has been asserted as well.”
malipeddi jaggarao
(Querist) 07 January 2015
Thanks for the good support from experts. I will come back to all of you after waiting till the end of this month.
Kumar Doab
(Expert) 07 January 2015
Certainly we await the good news.
