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ab (xyz)     16 November 2012

Placing wrong facts before cat by department officials

Request to advise me on the following:

 In two cases before CAT, the department officials placed certain facts, which were wrong, before CAT:

1. In one case, I had challenged the promotion of one officer whose ACRs were below benchmark and already accepted by the previous Director General (DG). However, the next DG  increased the ACR gradings of that officer illegally and promoted him. When I challenged the same in CAT, the department officials told in writing that the ACRsof the said officer were of the period from 2003 to 2006 during which the present DG was the Director General and was authorised to increase the ACR gradings ofthat officer. This was totally wrong as the present DG had taken over only in November 2006. I had clarified before CAT that the statement made about the present DG was incorrect but The CAT in its order of July 2010 had not taken cognisance of thse facts and stated that this case of this officer's promotion could be taken up in another case. CAt gave me some relief in one matter but in other matters did not give any relief.

2. In another MA case before CAT on the execution of its earlier order of jan 2010, the department told the CAT in writing that they had placed a separate note before the DPC for getting fresh garding in MY ACR in compliance of its order. I obtained the pages under RTI and the said two page note was actually kept without signature and the fact is these two pages were not placed before DPC and the CAT was told wrongly about placing this note to DPC. Thus my DPC was prejudiced and I was dropped from interview.

My question is:

Can I file criminal proceedings in CAT and / or District Court onthese officials for placing wrong facts before CAT?

Do I need to file separate Criminal case for two cases above or in one criminal case only.

How much time it takes and what are its implications?

 

I shall be grateful for your kind advise.

AB



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     16 November 2012

Can I file criminal proceedings in CAT and / or District Court onthese officials for placing wrong facts before CAT?

Ans : Yes you can.  But sanction for prosecution will be needed u/s 197 CrPC

 

Do I need to file separate Criminal case for two cases above or in one criminal case only.

 

Ans : yes you can.

How much time it takes and what are its implications?

 

Ans : Too vague a query

Sudhir Kumar, Advocate (Advocate)     16 November 2012

By the way have you cntested the misgivings before CAT.

ab (xyz)     17 November 2012

Thanks Mr. Sudhir. Can I have your mobile no if you do not mind?

When I asked for implications, i meant whether these erring officials can transfer me as they do in such cases? whether court can stop such transfers as they will be malafide , you know? Though it is too early to predict such things but yet chances are there.

I did contest but cat member, specially the lady member admin was not in mood to listen. the problem is in such cases when the court itself becomes a party and blindly favors govt and frustrates the chances of getting justice, it becomes too painful and one loses hope.

Request to reply.

ab

ab (xyz)     17 November 2012

If by contesting you mean presenting these facts before cat in writing then yes I did.However, my advocate did not take up this separately. Besides, when this CP was still pending in cat, one of a senior officer asked me to withdraw the case from cat on DG and even thretened indirectly to terminate my job. This fact I had sent to secretary by email also but despite my requests, my advocate did not bring these facts before cat. I also want to know whether the CP can be reviewed on this ground and other grounds as well or not?

Thanks

ab

Sudhir Kumar, Advocate (Advocate)     17 November 2012

fresh query at https://www.lawyersclubindia.com/forum/details.asp?mod_id=69958&offset=1


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