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Show Cause Notice by ADEN's Office

(Querist) 07 February 2009 This query is : Resolved 
Respected Seniors,

Mr. 'X' working as a Sr.Volveman in South Central Railway. One civil suit was filed against Mr'X' by a third person for recovery of Promissory note debt and the same was decreed. Subsequently the DHr filed an Execution Petition U.O. 21 Rule 37 of C.P.C. Lanter on Court issued arrest warrant against Mr. 'X' and he was imprisoned for a period of 20 days.

After release of Mr.'X' ADEN's Office issued a show cause notice under rule 14(1) of the Railway servants (DAR)Rules 1968 to Mr.'X' for his explanation if any.

Mr'X' given his explanation as " The detention in the civil prison is purely a civil nature for which no departmental action is to be taken and it does not come under the purview of the I.P.C. and In addition to it facing of civil suit and its consequences does not come under the purview of 'Moral Turpitude'".

After receiving the above explanation authorities are waiting for orders on the said show cause notice.

In the above circumstances what is the option to Mr. 'X' as if the Order passed against him by his authority.(i.e. termination from his duties)

Whether Mr. X approached civil courts or High Court or Tribunal for restoration of his job if the order passed against him.

Thanking you sir in advance.
PALNITKAR V.V. (Expert) 09 February 2009
He can approach the Tribunal or HC against unlawful termination.
A. A. JOSE (Expert) 09 February 2009
His proper remedy will be to approach the Central Administrative Tribunal concerned having competent jurisdiction please.

However, his imprisonment is a factor relevant irrespective of what you have stated in your query.
allurisivajiraju (Querist) 09 February 2009
Resected Senior A.A.Jose Garu,

Thankyou for your advise. Now I want to know some more information about the Central Administrative Tribunal. Where it is situated and whom can i address to file a petition against the said show cause notice in the Central Adminstrative Tribunal.

Actually show cause notice issued by ADEN's Office, Bhimavaram, West Godavari District, A.P.

Please give your valuable suggessions as early as possible.

Thanking you once again.
RAKHI BUDHIRAJA ADVOCATE (Expert) 10 February 2009
I do agree with my Ld. friends.


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