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suresh babu (personal)     20 April 2011

need clarification

I was acquited by high court in nov 2009 and applied for reinstatement.As the authorities did not respond i approached CAT and got the order for reinstatement and CAT gave 2 months time.I wish to know if the CBI can appeal now IN SC and if the DEPT can initiate DP now .The actual case dates bvack to nov 99.When i was in service till dec2003 i was not issued with any charge sheet by the dept.



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 3 Replies

niranjan (civil practice)     20 April 2011

As you have said that incident is of 99,department cannot now initiate enquiry as it is too much delayed.

Om Prakash Dhusia (HR assistant)     21 April 2011

Dear Suresh Babu: Certainly we suffer because as a common layman we are unaware of the law or procedure and if we search for a good advisor in the name of lawyer or advocate,it would be impossible for the common man to get a good lawyer/advocate worth its salt because tendency of majority of them is to to fleece the client or the customer and it has turned to be a necessary evil.

I am member of this column for the last many months but on each and every query, none of the socalled experts have ever tendered the right answers but in the shape of MAY BE,MAY NOT BE and as you know too many cooks spoil the broth a well known proverb.

For your problem no expert would ever guide you in a proper way because nothing comes free in this materialistic world though thay have volunteered themselves to impart FREE OF COST suggestion thorugh this column and remember BEGGARS ARE NOT CHOOSERS and asking for free advice is like BEGGING.Though it is very rock like word but truth is always HARD LIKE ROCK and I am no diplomat to use sugary syrup without any result.

CBI can not go for appeal after a lapse of 11 solid years because maximum time to appeal is SIX months and you have already won the case for Re-instatement.On the other hand as our one friend has suggested already that your department can not initiate any disciplinary proceeding for a case as 11 years old.If you can grab FUNDAMENTAL RULES OF SERVICES in short it is called FR, you can go through the procedure of initiating disciplinary proceedings against the employee.I hope you will have all the answers in that.

Meanwhile if you have copy of the the order from CAT, kindly submit a petition to them about not honouring the decision of CAT and further you can initiate contempt proceeding against the department if will so.Although it is an onerous job but If you have the stamina to fight then go ahead and forget about the result because as in Bhagwat Gita it is said,"KARMASHU KAUSHALAM MAA FALESU KADACHINAH" means you do your duty and leave the results for God. God bless you my dear Suresh.BE POSITIVE ALWAYS.Regards 

Birendra Prasad Singh (Lawyer)     24 April 2011

Mr. Suresh Babu: No doubt that at this stage the department cannot initate DP against you but certainly the department would file the writ petition challenging the order of CAT before High Court against reinstatement order. it is also relevant to point out here that acquittal in criminal case does not mean that you are entitled to be reinstatement in service automatically. The yard stick of evidence in criminal case and DE is different. 


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