dismissal from service

d.prabhakar rao (Querist) 30 April 2009 This query is : Resolved
one person working in central govt. and lost case in thelower court.and sentenced. he went to high court and got stayed the lower court decision. no departmental enquiry was conducted.in the meanwhile, he was dismissed from service. under banking regulation act 1949. shall he get employment till the decision of high court. shall he is eligible for going to supreme court after high court how shall he get employment in the mean time what is the proceedure to be followed. please help him

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nitin (Expert) 30 April 2009
hello

as per your case, if no departmental inquiry has been ever made and if no FIR is lodged against your person, then it is better for you to file a writ petition in the Hon'ble high court for seeking the relief.

1. that as no enquiry has ever been made against the person so the person should be re engaged

2. for staying the order of the trial court.

3. for giving all the benifits to the person with seniority till the cae is pending

but you havnt made in your quary how long he ha been working in the deoartment and also at what post, so kindly do let me know for future benifits

regards nitin misra

Swami Sadashiva Brahmendra Sar (Expert) 30 April 2009
he could not be dismissed without holding departmental inquiry, moreso when conviction is stayed by high court.