Can an impugned order be implemented: further "q"
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
Sir,
Further to my previous "Q" I wud like 2 add that "release" as mentioned in the impugned order as well as the Tribunal Order means- release from the services on medical grounds.
The applicant has challenged the release order as the medical documents have not been given to the applicant( based on which the release order were issued) even after issuing of show cause notice.
Therefore, my earnest submission to the learned counsels is:
When the tribunal has declared the release order dtxxxx as the "impugned order"
can the employer continue implementation of such an order as the decision of the tribunal has still not come?
Since this employer has done exactly that, can it be counted as violation of court/tribunal order?
Devajyoti Barman
(Expert) 11 December 2011
From no where of the order of Tribunla it becomes transpires that the order or action of the employer is stayed.
Impugned order merely means the order under challenge. Until the final order comes in your favour you could nothing to stop the actions of your emloyer.
prabhakar singh
(Expert) 12 December 2011
No, dear Anonymous!!!
The term "impugned order" means,as Mr.Barman rightly tells,"the order under challenge".You need to await for the final order in your favor.
Guest
(Expert) 12 December 2011
First of all, you have opened a new thread even without linking your previous query to enable the experts to refer their answers with reference to your original question.
Secondly, you have not clarified the term "release on medical grounds," as to whether by release you intend to point out whether that you have have been incapacitated on medical grounds by merely an advice of a medical practitioner or that of a medical board of a Government hospital and retired from service as such.
Third, you have also not stated whether you had been frequently remaining absent from duty on account of your illness on medical grounds or not?
Fourth, you have also not stated on what grounds your employer has preferred his appeal against the earlier judgment.
It seems, you are not providing brief of the background and the excerpts of the orders and are just hitting in the dark without making the experts to arrive at a conclusive opinion about your case.
BY SUCH MANNERS, I am afraid, even your earnest submission may get only flak, but not the right solution to your problem.
