Public interest litigation
jyoti
(Querist) 27 June 2015
This query is : Resolved
I have sent a letter each to Chief Justice of Supreme Court and Hon'ble judge Shri Vikramaditya Sen requesting them to treat the letter as public interest litigation. SBI has suspended some officials including myself for last 2 years without any charge-sheet. They have not even replied to the appeal. They were waiting for the retirement of GM who has retired now.
Can it be considered by the judge?Can I know the fate of my letter? I was inclined to fight through an advocate. But financial condition right now is not in a good shape. I had offered Rs10,000/ and another 40,000/ in case he wins the case.But he told that the minimum fee is Rs40,000/ for filing and further fee for subsequent appearance. He advised me to go to High court where fee is low
P. Venu
(Expert) 27 June 2015
No PIL Lies in this case. Treating letters sent to CJI is an exception, not the rule. You have the option to file a Writ Petition under Art. 226 in the High Court and under Article 32 in the Supreme Court. Option is available e-file petitions in the Supreme Court.
R.K Nanda
(Expert) 27 June 2015
in ur case PIL is not the remedy.
Rajendra K Goyal
(Expert) 27 June 2015
You have dialed a wrong no. Not fit case for PIL.
Isaac Gabriel
(Expert) 27 June 2015
U can e file Writ Petition in Supreme court,where the expenses is nominal.The court will pass orders on merits even if you not attend in person. It is not a case for PIL
Guest
(Expert) 27 June 2015
No public interest is involved in individual's service matter. So, PIL is not justified. Further, suspension is not treated as a penalty. However, appeal should hve been responded appropriately with some valid reason, if suspension was considered to continue till investigation and/or departmental inquiry is completed. However, you are free to approach competent court of law for direction, either to reinstate you or to expedite inquiry/ decision the case against you. For any further advice, if liked, you may send complete detail with background of the case.
jyoti
(Querist) 27 June 2015
I had thoght of PIL in view of the Supreme court order in Govt employee case.The following is the letter.
I am making the following submission for your kind and judicious consideration:
2. I am a Chief Manager in State Bank of India I was suspended on 19.09.2013. while serving as Concurrent Auditor at CB,Alipore Branch for allegedly committing certain irregularities at IFB,Kolkata. No charge-sheet has been served till date. Meanwhile, the Bank has partially increased subsistence allowance admitting that the delay in serving charge-sheet is due to administrative reasons. The serving of Charge-sheet has been deliberately delayed as I had highlighted some glaring irregularities as part of whistle-blowing in my letter to GM(MCG).
3. The Hon’ble Supreme Court in Civil appeal No.1912 of 2015 has decreed that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee. The Court has taken into cognisance ignominy, insinuations, scorn of society and the derision from a section of colleagues the suspended official has to endure even before the formal charge-sheet is served .The spirit of the landmark judgement is that the legal principle laid down in this case should be applicable to employees of PSUs, Banks and Corporates. However, the authorities have disregarded the judgement as the judgment has given direction to Govt.of India only.
4. The only course left is to file a Writ petition praying the Court to issue a Mandamus for the implementation of the said judgement. However, keeping in view the pendency of cases, it should take about another 18 months for getting a decision and the purpose of filing the petition would get defeated. It is not only a burden on the litigant in terms of time and money spent but also unnecessarily burdening the Court just for re-inventing the wheels.
5. Further, the suspension order suffers from infirmity as it did not contain a reference to the provision for appeal against suspension which has been mentioned in Section 83(VIII) of the Disciplinary Proceedings Book and as such, it is void ab initio.
6. The suspension order suffers from infirmity as it did not contain a reference to the provision for appeal against suspension which has been mentioned in Section 83(VIII) of the Disciplinary Proceedings Book.
jyoti
(Querist) 27 June 2015
I had also filed e-petition but could not cure the infirmities pointed out.
THE FOLLOWING ARE THE DEFECTS NOTIFIED IN YOUR MATTER
DIARY NO.9786 OF 2015
1. DEFICIT COURT FEES OF RS. 417/- LESS PAID
2. INDEX IS NOT FILED
3. LISTING PROFORMA IS NOT FILED
4. LIST OF DATE IS NOT FILED
5. MEMO OF APPEARANCE IS NOT FILED
6. APPLICATION FOR SEEKING PERMISSIONT TO APPEAR AND ARGUE AS INPERSON INDICATING REASONS WHY SHE CANNOT ENGAGE AN ADVOCATE & SHE IS WILLING TO ACCEPT AN ADVOCAT APPOINTED FOR HER BY COURT IS NOT FILED WITH COURT FEES
7. WRIT PETITION NO. 37927/2015 MENTIONED IN WRIT PETITION TO BE CLARIFIED. CAUSE TITLE IS NOT PROPERLY SET OUT
8. IST PARA OF WRIT PETITION IS NOT CORRECT (RELIEF SOUGHT & WHICH TYPE OF WRIT PETITION NOT GIVEN). QUESTION OF LAW IS NOT REQUIRED IN WRIT PETITION
9. WRIT PETITION IS NOT PROPERLY SET OUT IN THE NATURE OF THE FUNDAMENTAL RIGHTS INFRINGED. THE RELIEF SOUGHT & THE GROUNDS ON WHICH IT IS SOUGHT HAVE NOT BEEN SETOUT PROPERLY IN WRIT PETITION. PETITION IS NOT SIGNED BY INPERSON
10. DOCUMENTS FILED ALONGWITH PETITION ARE NOT CAPTIONED AS ANNEXURES & ANNEXURES TO BE MARKED IN WRIT PETITOIN WITH DESCRIPTION, DATES & PAGINATION & ALSO SHOWN AS P-1, P-2 ETC NOT IN ROMAN LANGUAGE & ALSO FILE IN CHRONOLOGICAL ORDER
11 PRAYERS OF WRIT PETITION ARE NOT CORRECT
12 DATE OF DRAWN/FILLING NOT GIVEN. PAGINATION NOT DONE IN THE DOCUMENTS
13 INPERSON TO CLARIFY WHETHER SHE HAS APPROACHED THE CONCERNED AUTHORITIES FOR THE SAME IF SO OUTCOME OF THE SAME TO BE MENTIONED IN PARA IA OF WRIT PETITION
14 BLANKS IN AFFIDAVIT. PAGES & PARAS OF WRIT PETITION NOT MENTIONED. DEPONENT'S SIGNATURE IS ALSO REQUIRED BEFORE VERIFICATION
15 SOME DOCUMENTS ARE HAVING UNDERLINING & SIDE MARKING TO BE DELETED
16 WRIT PETITION TO BE FILED IN DOUBLE SPACE
17 PETITIOINER IN PERSON PLEASE CLARIFY HOW W.P. IS MAINTANABLE AGAINST THE SUSPENSION ORDER
THE DEFECTS ARE NOTIFIED TO YOU BY E-MAIL ENABLING YOU TO RE-FILE THE PROPER PETITION, AFTER CURING THE DEFECTS AS PER SUPREME COURT RULES,2013. IF THE DEFECTS ARE NOT CURED WITHIN 28DAYS FROM THE DATE OF THIS E-MAIL, THEN APPLICATION FOR CONDONATION OF DELAY IN RE-FILING IS ALSO REQUIRED TO BE FILED.
YOU CAN ALSO SEE THE STATUS/DEFECTS OF YOUR CASE BY VISITING THE FOLLOWING WEBSITE ADDRESS BY ENTERING YOUR DIARY NUMBER NAMELY http://supremecourtofindia.nic.in. FOR BETTER FILING THROUGH 'E-FILING' YOU CAN SEE THE ATTACHMENT 'E-HELP' FILE.
FURTHER CORRESPONDENCE MAY BE MADE IN THIS REGARD WITH THE CONCERNED JUDICIAL SECTION i.e. sec.x@nic.in. NO FURTHER CORRESPONDENCE SHALL BE ENTERTAINED BY THE FILLING COUNTER WITH REGARD TO THIS MATTER.
(MEENA SARIN)
Dy.Regr.Sec. I-B
FILING COUNTER
jyoti
(Querist) 27 June 2015
What should be minimum fee in Supreme court Advocate for filing writ and what is the usual time-frame for decision?Does the justice answer to the letters even if they do not treat it as PIL?
Guest
(Expert) 28 June 2015
Resubmit case after removal of the defects, if you want to fight your case personally.
As regards, suspension order, that have to be flawless and without any conditions or restraints. Appeal, etc. can be made only in accordance with the provisions of the rules contained in the Disciplinary Proceedings Book.
jyoti
(Querist) 04 July 2015
I want to know whether any advocate can fight the case for a reasonable fee?I think PIL may be applicable in view of Supreme court judgement that no Govt employee can be kept beyond suspension for a period of more than 3 months without a charge-sheet. What is the reasonable fee can be communicated to my e=mail jjyotir@gmail.com and the expected period of disposal
jyoti
(Querist) 04 July 2015
Whether it can be filed in Kolkata high court? What should be the time frame?
jyoti
(Querist) 06 July 2015
change of status
jyoti
(Querist) 15 July 2015
change of status
