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Aminu Deen (Principal Scientist)     13 December 2015

Advocate appeared without locus

I filed a case at Central Administrative Tribunal claiming that a charge sheet against me is forged and fake.

Tribunal issued notices to 8 parties, of which one party (Party no. 8) filed Vakalatnama.  The Advocate appointed by party no. 8 represented all the eight parties (1 to 8) while neither he filed Memo of Appearance for appearing from Government Side (Party no. 1) nor did he filed Vakalatnama from other private respondents no. 2, 3, 4, 5, 6, and 7.  He tried to pursue CAT that OA filed is not maintainable. The CAT also wanted to dismiss the OA for biased reasons.  My Advocate was unfortunately also under their influence. I did not allow my Advocate to withdrew the case, as results he himself withdrew. On the next date I appeared personally before CAT where the Member said my application is genuine and I will get all the reliefs but opposite party is not appearing so wait for their reply.  But this was just to befool, the member was in search of a way to dismiss the OA. The opposition advocate did not appear before Tribunal for months together (6-7 months). I requested for default judgment.

 The Member told me to come for the next date, but when I arrived on next date the same Advocate filed reply from party no. 1-5, while he had vakalatnama from party no. 8. He did not file any reply on behalf of party no. 8.  He did not have vakalatnama from parties 1-  5. He filed this reply under signature of an officer named S. K. Singh, who was not a party but may be a departmental officer but this reply did not bear any written authority from party no. 2, 3, 4, and 5 who were private respondents that Mr. S. K. Singh will file reply on their behalf.  Under such circumstances this reply should have been considered a s a forged reply.  CAT did not decide the issue despite agreeing that the charge sheet was forged. 

My query is whether the advocate without filing Memo of appearance on behalf of Government and without vakalatnama from parties for whom reply was sought can be proceeded in the state Bar Council for adopting wrong practices as he helped the CAT member to dismiss the genuine OA

 


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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2015

If you have doubts on such advocates, you can give complaint to the state bar cuncils with full evidences. Without proper evidences, do not create nuisance.


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