Consideration of judgement
Rakesh Kumar
(Querist) 04 July 2016
This query is : Resolved
After dismissal of a private complaint from Hona'ble trial court and Punjab and haryana high court at the stage of summoning a criminal SLP had filed in Hon'ble Supreme Court. The same court issued notice to the respondents and on a day when I was absent in the court due to application of adjournment at my risk passed the final judgement i.e,
"Heard
No ground for interference is made out to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petitions are dismissed accordingly. Pending application(s),if any,stands disposed of". Secondly, in the impugned order,(that was challenged in the Hon'ble Supreme Court) of Hon'ble High court a option was left that "at the most the accused persons are liable to be proceeded against departmentally".
Now my question is
1.Whether the judgement of the Hon'ble High court still stand by so that I will go for the departmental enquiry against the respondents as directed by Hon'ble High court.
2. If yes and if departmental enquiry proceeded legally wrong,biased then how can I challenge the said departmental enquiry into the court of law especially when the doors of the all courts shut down for me already in the present case?
rajeev sharma
(Expert) 04 July 2016
since SLP is dismissed the order passed by Hon'ble high court stand and is final order.If any departmental inquiry is conducted against you the result of inquiry will be a fresh cause of action and you will have a right to challenge that if you are not satisfied with that.
Rajendra K Goyal
(Expert) 04 July 2016
Full case file need to be referred, discuss with your lawyer.
P. Venu
(Expert) 05 July 2016
Please post the material facts.
Dr J C Vashista
(Expert) 10 July 2016
You are complainant or his counsel; accused or his counsel?
The trail court order has attained finality hence the case is closed in the Court.
The department has been given liberty by P&H High Court to proceed against accused, however, it cannot be presumed you are which side of the case.
Full case file is required to be perused and analysed.
Consult a local lawyer for guidance and proceeding.
