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stay in compulsory retirement disciplinary case

Querist : Anonymous (Querist) 01 November 2010 This query is : Resolved 
Sirs,
In a D&A case employee was retired compulsorily on June2009, quickly appealed, but AA sat w/o any action till an OA was filed which was disposed at admission stage itself directing respondents to consider on pending appeal ground as well as grounds taken in OA,on service of order the AA posed that he didn't receive CAT'sorder and passed
order on a false back date w/o incorporating OA's order, same was done by the Rev. Authority. Again OA was filed & is admitted w/o interim order and CAT told that there is S/C order hence no order on Interim Relief, though Madras High court order ref. G.Robinson,Z.B.Nagarkar vs. UOI(Sup.court) cases were to be cited for terim relief. Now my question is whether High Court may grant Interim stay on a order already effected a year ago? Any other citation?
s.subramanian (Expert) 02 November 2010
It is the discretion of the High court since there is no hard and fast rule or convention in this regard.
pawan sharma (Expert) 02 November 2010
yes, agree.
Kirti Kar Tripathi (Expert) 03 November 2010
i also.


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