Service matter
bharatbhai vyas
(Querist) 06 January 2016
This query is : Resolved
sirs, after passing 24years, trial court declare judgement in acb case and sentenced.
i appealed in hon.high court,admitted and sanction bail as well as ordered stay of sentence of trial court.
department dismiss from job on ground of moral turpitude before 10 days of regular
retirement.the judgement of trial court was un justice in many ways.the appeal in high court would not disposal before 12 years,
in this critical position, i and my family
how can manage social,economic liabilities in absence of provisional pension which is not sanctioned ? my
length of service in department is 34 years with honour and honesty.pls. guide me and show solution.thanks.
Sudhir Kumar, Advocate
(Expert) 06 January 2016
at the most you can within 46 days of dismissal (in case of central job or else see relevant rules which are generally identical) appeal for a lesser punishment of compulsory retirement.
if 46 days are over then you can file revision for the same before the deptt.
V R SHROFF
(Expert) 06 January 2016
NOT ACQUITTED
SO NO CHANCE TILL THEN
P. Venu
(Expert) 06 January 2016
The query has been replied exhaustively in an earlier thread.
As suggested by the Expert Mr. Sudhir Kumar, you can file Appeal or Revision and also, a Memorial seeking lesser punishment on humanitarian grounds.
Rajendra K Goyal
(Expert) 06 January 2016
File appeal to the appellate authority in departmental case.
Sudhir Kumar, Advocate
(Expert) 06 January 2016
for further information indicate detail of the employer, whether central/state govt deptt/psu.
Sudhir Kumar, Advocate
(Expert) 06 January 2016
refer to your thread
http://www.lawyersclubindia.com/experts/service-matter-575691.asp#.Vo0fXE-njww
you are hiding fact on this thread that the conviction is in PC Act.
Sudhir Kumar, Advocate
(Expert) 06 January 2016
department could have initiated disciplinary case even during the criminal trial and passed dismissal order instead of allowe3ing such a long period of 24 years of suspension and interim pension.
K.S.Srinivas
(Expert) 10 January 2016
Unless you are acquitted in the High Court, no benefits such as provisional pension will be sanctioned to you.
T. Kalaiselvan, Advocate
(Expert) 14 January 2016
Well advised by experts, you may wait for the disposal of the case by high court.
bharatbhai vyas
(Querist) 22 January 2016
sirs, the appeal in the hon.high court will
not disposed before 12 years. this situation
can i appeal to high court for earlier disposal of case or provisional pension ,i am 58 years old at this time?
Guest
(Expert) 23 January 2016
In dismissal case, question of provisional pension does not arise.
However, your pensionable service can be saved by two ways -
(1) Although there seems no scope, but if on appeal, the departmental appellate authority takes mercy consideration of your 34 years of long service and converts the penalty of dismissal in to a lesser severe penalty, i.e., conpulsory retirementwhich may enable you to become entitled to pension; or
(2) In your appeal case with the HC, if the HC honourably acquits you of the charge. In that case you can even get yourself reinstatd in service and become entitled to regular pension on retirement.
bharatbhai vyas
(Querist) 27 March 2016
sirs, as I previously discussed the matter , now at this time my departmentally appeal is pending at high authority of government for purpose of laser punishment -compulsory retirement. what kind of decision makes, I did not know. can I hope for positive ? what is your views?
secondly, the trial court declare judgment after a long period of 24 years. And at present I am 59 years old. as the same position will be at high court 10/12 years will be passed in disposal of appeal.
At this time my life may or not ,if not the meaning of justice will be meaningless. can I pray to hon. high court
for earlier disposal of appeal on ground of age and time passed period of trial court? as I often discussed same matter due to my hard bed luck to trial court judgment. sirs, it is not possible to discuss every aspect of matter and reality at this platform as well as whole documents which were produced at trial. please guide me. thanks for your valuable time and also Lawyers club India to provide this facility to needed every person.
Sudhir Kumar, Advocate
(Expert) 28 March 2016
all one can understand that you now have two questions which are dealt as under :-
sirs, as I previously discussed the matter , now at this time my departmentally appeal is pending at high authority of government for purpose of laser punishment -compulsory retirement. what kind of decision makes, I did not know. can I hope for positive ? what is your views?
ANYONE HAVING SLIGHTEST SYMPATHY WITH YOU WILL NOT EXPRESS ANY VIES WITHOUT SEEING EACH AND EVERY PAPER
can I pray to hon. high court
for earlier disposal of appeal on ground of age and time passed period of trial court?
YES YOU CAN.
bharatbhai vyas
(Querist) 12 April 2016
sirs, departmentally appeal is now disposed and no any benefit through it.
now I have only and one save option to early disposal of appeal, sirs, and you advised for that ok.
1. can I optimist for good result through
this action?
2. second option as per my view is to
directly urging hon. chief justice to
help to expedite my appeal what is your
proper advice? thanks lot.
Sudhir Kumar, Advocate
(Expert) 13 April 2016
1. can I optimist for good result through
this action?
A LEGAL EXPERT CANNOT ATTEMPT THIS QUESTION WITHOUT SEEING ENTIRE PAPERS (WHICH MAY BE ABOUT 15 KG BY NOW)
YOU CAN MEET ASTROLOGER
Sudhir Kumar, Advocate
(Expert) 13 April 2016
2. second option as per my view is to
directly urging hon. chief justice to
help to expedite my appeal what is your
proper advice? thanks lot.
WHAT DID YOUR LAWYER SAY.
