Promotion
Querist :
Anonymous
(Querist) 21 August 2011
This query is : Resolved
I had written examination for departmental examination and didn't get selected. I got the copy of answer sheets through rti act I moved many positions after reevaluation, before the promoted persons and management served the show cause notice to the junior most person. He got the stay for that show cause notice. Then I filed O.A. at CAT. But it was dismissed due to non producing of documents for reevaluation by the management.
can i go to the High court and what is the time limit for appeal. pl guide to me what can i do the further process.
R.Ramachandran
(Expert) 21 August 2011
It is not clear from your post, whether you are handling the case yourself or through a lawyer.
Having said that, it is not clear how any Tribunal can grant a stay on the "Show Cause Notice". It is a natural process - one has to give reply to the show cause notice - only if the administration has issued any orders after consideration of the reply to the show cause notice, can one approach the Tribunal against such an order and if satisfied the Tribunal can stay such an order, pending further proceedings.
Again, it is not clear what prompted you to file a O.A. and against what, and why did you not file the re-evaluation documents. In any case, why did you not say that you will produce in due course etc. etc.
I think everyone things that one can handle the case oneself without the help of a lawyer. It should be remembered that it is not for nothing that a lawyer's profession is there. Lawyering involves lot of technicalities, procedures, strategies etc. etc.
K.S.Srinivas
(Expert) 21 August 2011
After serving the SCN on the junior by the management, you should wait for the outcome/decision the management. He might have got stay. An attempt should have been made to vacate the stay by the management. Without waiting for the decision of the management, you have filed OA in the CAT. If you want to go the High Court, consult a lawyer who is thorough in service matters and go as per his suggestion.
Advocate. Arunagiri
(Expert) 21 August 2011
If your previous applications were dismissed by CAT for not producing the required document, you may once again file an application before the CAT along with the required documents.
You can file those documents in High court.
M/s. Y-not legal services
(Expert) 21 August 2011
Your query is not clear. Even my advice to you.. You have to challenge it with notification stage itself.. Otherwise you have to challenge the confirmation. Its will be some difficulties to court.
