Are the High Court judges authorized to make reference of records which does not exist
Can they advance a false plea, contrary to that in the judgment being cited for application of law
Aminu Deen (Principal Scientist) 28 March 2018
Are the High Court judges authorized to make reference of records which does not exist
Can they advance a false plea, contrary to that in the judgment being cited for application of law
Aminu Deen (Principal Scientist) 28 March 2018
Sir,
I am thankful to you for reply,
I am asking you that judges have referred that record* shows..........., not specified any record, the record available on file/original record tells opposite to what judges have written
The application of law from judgment, false plea advanced that in the case at hand and that shown in judgment, the difference* was, while the difference does not exist
R.Ramachandran (Advocate) 28 March 2018
It is not the question whether or not "the High Court judges authorized to make reference of records which does not exist."
In your understanding the records do not exist. Whereas the Judges have found that the record exists. It is not your words against the Judges version or the Judges version against your words.
Fortunately, whatever you say can be proved by facts - whether it exists on record or not.
Without knowing what exactly it is, no one here are capable enough to comment. For, if any does so, then you yourself may pose well pose a query "Whether any lawyer is authorised to comment without actually verifying the existence or non-existence of the record?"
Therefore, if you strongly feel that the records speaks otherwise than what the Judges have stated, and the decision in the case had depended upon such reading of the evidence, then you can very well prefer an Appeal pointing out the glaring mistake.
Aminu Deen (Principal Scientist) 28 March 2018
I have noted your version and try to make it clear that records says
Charge sheet is non est since it lacks authentication part
The vigilance file shows that charge sheet was not approved by DA
The vigilance file shows that un authorized officials drafted vetted and approved the charge sheet. it does not bear approval of DA
The vigilance file show that reply of applicant was not examined by DA
The vigilance file show inquiry report was not examined by DA
The vigilance file show that brief of applicant to disagreement on inquiry report was not examined by DA
The vigilance file show that penalty was not awarded by application of mind
The vigilance file show that initiation of proceeding was not made by application of mind
These have formed the part of pleading in the judgment
While deciding the issue that Disciplinary proceeding was not conducted by Disciplinary authority , judges did not mention these records but insteade simply wrote record shows that disciplinary procceding was conducted as per rules and approved by DA.
Similarly while applying law of non est they denied the law with a false pleading that in theat case proceeding was not even submitted before DA while in that case also similar to case at hand the proceeding was approved by DA but charge sheet was not approved by DA
R.Ramachandran (Advocate) 28 March 2018
I have already answered you saying
"Therefore, if you strongly feel that the records speaks otherwise than what the Judges have stated, and the decision in the case had depended upon such reading of the evidence, then you can very well prefer an Appeal pointing out the glaring mistake."
When you feel and convinced about your case, what is the point in simply discussing the issue here and wasting your precious time.
Aminu Deen (Principal Scientist) 29 March 2018
Thanks for your reply.