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9329567675   23 April 2021

How much time does a case in cat take??

Sir i am sudesh pachauri working in a central govt department since 2013. I filed an O.A. In cat jabalpur in September 2019 regarding expunging the adverse remarks from my apar and granting me promotion retrospectively by upgrading my apar. I have been deprived of promotion in last 3 DPCs while being considered for the same in each of them. 

When i call my advocate for the status he hardly replies and not meet when i go to his office he doesn't allow to meet and his assistant tells check the status on website. I am getting very depressed and frustrated as one and half years have been passed and i am not getting anything out of it...even my colleagues and junior start making fun of me in the office..my family life also started getting disturbed because of all these... Kindly suggest me what can i do so that the said trial in the CAT could be done faster. Thanks



 9 Replies

Dr J C Vashista (Lawyer)     23 April 2021

@ 9329567675,

If you are not satisfied with the performance of your lawyer change him/ her immediately.

You will appreciate there is stalemate in functioning of judicial system all over the world and India including CAT due to pandemic COVID-19. Accordingly there is minimum proceedings in your case as well. You will have to wait till normalcy after COVID-19.

No comments can be passed on the basis of limited facts posted by you, hence it is necessary to peruse case file.

 

Sankaranarayanan (Advocate)     23 April 2021

I do Absolutely agrees Dr Vash*ta's answer 

1 Like

P. Venu (Advocate)     23 April 2021

What is the present status of the matter? Has the respondents filed the written statement and completed pleadings? 

Pradipta Nath (Advocate)     23 April 2021

You have the liberty to change your present Advocate if he is continue to maintain communication gap.

9329567675   23 April 2021

Thanks all the respected sirs for your precious time....sir as per conversation with my lawyer's assistant notice from registrar has been sent in January 2020. But the respondents reply is awaited. Thanks

Dr J C Vashista (Lawyer)     24 April 2021

Thank you Mr. Sankar Narayanan for agreeing with me.

P. Venu (Advocate)     24 April 2021

CAT(Procedure) Rules require that the respondent should file their reply within one month of the service of the Notice. As the delay is inordinate, you may instruct your advocate to file an IA to decide the OA on merits without any longer waiting for the reply to be filed. It would be advantageous if directions are got issued for production of the concerned file.

"sir as per conversation with my lawyer's assistant notice from registrar has been sent in January 2020". This information does not appear to be correct. It is the prevailing practice that, before filing, advance copy of applications/petitions are served on the Government Counsel.
 

9329567675   09 June 2021

Namaste sirs,

Today in a order people junior to me got promotion. It is the 3rd DPC in which i have been denied promotion  since last 3 years after being considered in each of them.

I informed my lawyer about it and he said Amendment in the filed OA is need to be done and i will have to pay 25000 for that.

Is this a right approach? What is the amendment is an OA? Will that make any difference in my case?

Kindly suggest me if there is other ways?

P. Venu (Advocate)     09 June 2021

What, exactly, are the reliefs sought in the OA?


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