Whether I can file the writ petition during the pendency of Review Petition
(Querist) 22 April 2011
This query is : Resolved
Sir, In case of service matter before CAT, the decision of case has gone against me and I filed the Review Petition which has issued notices to the Respondent but get adjourned due to absence of the bench and now more than 3 months has passed and there is no fixed date of hearing has come My query is whether I should go ahead and filed the writ Petition before the High Court? What will be happen if writ petition is dismissed should It affect the order of Review Petition? Or I should wait for the review Petition and thereafter, I should filed the writ Petition PLEASE ADVISE
Seeking remedy under writ jurisdiction asking for direction, etc. can always be available to anyone feels aggrieved by the action/non-action and effect thereof by such act, of any arms of statutory authority including CAT. Because, asking a remedy under writ is extraordinary and not on merits of the case alone. You have to present your grievances such a way that your fundamental legal rights is/are affected which needs redressal forthwith by way of direction, etc. My query is whether I should go ahead and filed the writ Petition before the High Court?
Pendency of Review Petition in CAT is inconsequential provided writ petition is drafted such a way that you are ultimately asking for direction, etc. alone.
Thirdly, dismissal of WP may not affect the Review Petition. You may seek liberty while getting such order in WP.
Please remember opinion given is general in nature however, facts specific opinion can only be given if facts are presented in the discussion forum.
Trust this would suffice.
Rabin Majumder Advocate-on-Record No. 91, Sh AK Sen Chambers Block - 'C' Supreme Court of India New Delhi
(Expert) 22 April 2011
Central Government service matters will not be accepted in the HC. Only CAT is having the jurisdiction. Where as you can challenge the orders of the CAT before the HC.
(Querist) 22 April 2011
Thanks for reply, I am satisfied with the version of experts 1,2 in showing the correct direction. Expert No-3 have given opinion to file the writ petition prior to coming the decison of the review Petition may be disatrous as it will give O.P a defence that writ petition has already been dismissed so Revie Application too have gone no merits
In one case I have filed the SLP against the order of remand by the H.C and has gone to the CAT. The OP has misled the court that Petitioner has lost the case in the supreme Court so it has no merits The OP misprepresent the actual facts for unjustified relief