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Aminu Deen (Principal Scientist)     10 December 2015

Advocate appearing 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

Aminu Deen (Principal Scientist)     10 December 2015

I have taken complete record from Tribunal and it shows only two Vakalatnama, one by my lawyer and another for party no. 8. The statement of my lawyer are on record on daily sheet that he has been withdrawing and next date may be given when applicant himself will appear and pursue the case. I stated that i myself have appeared in the case where Member has spoken in open court that my application is most genuine and i will receive all the reliefs but this was just to befool, he has some different ideas to dismiss the application for which he sought help of un authorized advocate to file any reply so that he can dismiss the OA.

 


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