Legal remedy

denish (Querist) 28 February 2012 This query is : Resolved
I am working in a Regional Rural Bank where one of my colleagues has been dismissed by an authority writing as disciplinary authority while in our service rule there is not any such authority(disciplinary authority). The service rule provides only "Competent Authority" to award any penalty.All the posts have been defined in service rule but there is not any disciplinary authority.I want to know whether it is appropriate reason/cause of action to proceed in the court of law without approaching to appellate authority or not because I think that there is a legal flaw.

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Kirti Kar Tripathi (Expert) 28 February 2012
Legally the competent authority is disciplinary authority, which is normally appointing authority or any other authority, which is entrusted with powers of disciplinary authority in writing by the management.

Raj Kumar Makkad (Expert) 28 February 2012
You need not go to court at this stage rather file an appeal as provided under service rules of your organization. If the appeal is not accepted then you shall have to go to court and at that time all grounds may be taken including non existence of disciplinary authority etc.

R.K Nanda (Expert) 28 February 2012
Do not go to court and rather file an appeal

in ur bank and if bank rejects it then you can go to court.

R.K.NANDA-ADVOCATE-DELHI HIGH COURT

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