Is speedy trial in service matters not applicable

Dr G V Rao (Querist) 10 January 2014 This query is : Resolved
Sirs, years pass by waiting in High Courts or Supreme Courts for innocent Govt employees who have been removed or dismissed from services due to malafides or other unjustifiable reasons. Is their no relief under law for seeking a speedy trial of their respective service matters. Are they no SC rulings on this subject as they are there for speedy trials in Criminal cases.

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Nadeem Qureshi (Expert) 10 January 2014
speedy justice is fundamental right of every indian. for rulings contact a lawyer or search through google

Advocate M.Bhadra (Expert) 10 January 2014
You can file an application under article 227 of the Indian Constitution in High Court for speedy disposal of the case.

Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

REF of a concise para of a Judgment

Supreme Court of India
P. Ramachandra Rao vs State Of Karnataka on 16 April, 2002
Author: R Lahoti
Bench: R Lahoti, N S Hegde, R Pal, A Pasayat
CASE NO.:
Appeal (crl.) 535 of 2000

PETITIONER:
P. RAMACHANDRA RAO
Vs.
RESPONDENT:
STATE OF KARNATAKA
DATE OF JUDGMENT: 16/04/2002
BENCH:
CJI, R.C. Lahoti, N. Santosh Hegde, Ruma Pal & Arijit Pasayat

"The State cannot be permitted to deny the constitutional right of speedy trial to the accused on the ground that the State has no adequate financial resources to incur the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial. The State may have its financial constraints and its priorities in expenditure, but, 'the law does not permit any government to deprive its citizens of constitutional rights on a plea of poverty', or administrative inability."

Rajendra K Goyal (Expert) 10 January 2014
You can prey to High court for speedy trial in the court.

For case law search indiankanoon.com or contact a lawyer.

Rajeev Kumar (Expert) 10 January 2014
I agree with the view of experts specially Bhandra sir.

Devajyoti Barman (Expert) 10 January 2014
You can apply for speedy trial to the particular court. Due to high backlog and paucity of courts this happen.

Kumar Doab (Expert) 10 January 2014

>> Learned experts have given valuable advice. Kindly follow it.

>> In case of service matter the High Court of Delhi has pointed out as in case of :

HIGH COURT OF DELHI AT NEW DELHI

Subject : Service Matter : Dismissal

WP(C) No. 4417/1999

Sh.S.D. Gupta VERSUS Punjab National Bank & Others
55.
(iv) While considering these factors the court has to consider that speedy trial is a part of the facet of a fair procedure to which every delinquent is entitled to

(vii) The sword of damocles cannot be allowed to be kept hanging over the head of an employee and every employee is entitled to claim that the disciplinary inquiry should be completed against him within a reasonable time. Speedy trial is undoubtedly a part of reasonableness in every disciplinary inquiry.

http://delhidistrictcourts.nic.in/july/4417.htm

Dr G V Rao (Querist) 21 January 2014
Sirs, thanks to you all. This info will be shared with many such persons who are languishing in corridors of the Court.