Writ petition's dismissal
Rajinder Kumar
(Querist) 22 April 2015
This query is : Resolved
I was charged by CBI in criminal case in 2009 in Haryana in one matter of false/foreged ST certificate. i was/am working in government job in himachal pradesh. I filed one writ petition in himachal pradesh high court on the same matter in 2011 in which CBI was not a party. now criminal court has given me conviction. My office has submitted that order of conviction in Himachal pradesh high court.
Now my question is : Can/Will high Court dismiss my writ petition on the basis of conviction in criminal case technically? is there any escape?
Devajyoti Barman
(Expert) 23 April 2015
What is the nature of relief souhgt for in the writ petition filed in HP High court?
P. Venu
(Expert) 23 April 2015
Your immediate concern should be in proceeding against the conviction. Otherwise, you are bound to lose your job.
Rajendra K Goyal
(Expert) 23 April 2015
While agreeing with the advise of expert P. Venu ji, Without seeing the case file nothing can be advised on the question of your petition pending with HP High Court.
Rajinder Kumar
(Querist) 23 April 2015
ST certificate was obtained on the basis of mother's status and now issuing authority has stand that no ST certificate can be given to offspring if father is non-ST. other relief sought:- high court passed stay orders on enquiry report which was in accused favour later.
But CBI somehow proved that ST certificate was not issued from that authority and is forged one.technically case in high court would be dismissed automatically or not?
P. Venu
(Expert) 23 April 2015
Forgery is one thing and the question whether you belong to ST community (on the basis of mother's status) is another thing. Please disclose the complete facts.
BAALASUBRAMANNYAMM
(Expert) 23 April 2015
Your Writ Petition will be dismissed by High Court of Himachal Pradesh on the ground that you were convicted in the criminal case, as the very purpose for filing the Writ Petition has been frustrated.
Biswanath Roy
(Expert) 27 April 2015
Disclose full text of the writ order to opine.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
You have not stated that for what relief you have filed the writ before the high court so far instead you are stretching the thread with some other material.
