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Aminu Deen (Principal Scientist)     10 December 2015

Nullity

There is an Order of Central Administrative Tribunal which holds me guilty, but there is no legal charge sheet against me, in place there is a forged charge sheet. Question is whether this Order is a nullity, because CAT has no jurisdiction to enter into any judgment against incumbent till a charge sheet is there.  The question is posted before Lawyersclub India repeatedly but getting no answer.  The question is posted as applicant is not agreed with the advice of his lawyer.  The lawyer says judgment can never be a nullity.  He says it is only the proceedings can be called nullity but not a judgment of the Court.  Whereas I am of the opinion that this Order is a nullity because there is no charge sheet against me and Court has no jurisdcition to enter into any judgment against me.  The question is posted as applicant do not agree with the views expressed by his lawyer.  He wants to know views of other lawyers. 



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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 December 2015

Sir,

 

The courts cannot grant them the jurisdiction if the law has not granted them and also cannot bypass the procedure. Therefore if chargesheet is the essentail for the court to take cognizance, then how could the court proceed in its absence.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Aminu Deen (Principal Scientist)     10 December 2015

Dear Kapil Chandna Ji, 

I am thankful to your reply but I am under terrible position since last 7-8 years that i am facing penalty without any charge sheet.  The Court of jurisdiction is Central Administrative Tribunal.  unfortunately the members there are corrupt.  I have gone for re litigation in the same matter at same court raising this claim but they continue to purpetuate the fraud despite agreeing that there is no case against me. At high Court my own lawyer is playing with me.  I  told him that the Order of Tribunal is nullity because there is no charge sheet against me, under such circumstances Tribunal has no jurisdiction to enter into a judgment against me, but he does not agree. I would like to ask you and other experts if this Order is nullity or not. 


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