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sujay dhanush   04 October 2020

writ petition

punishment imposed by the department and. appeal is to the appellant authority. that is to the secretary to the government. within the stipulated time
question is 1)how long is to wait to file a writ against punishment
2)If there is no answer from the appellant authority or delay
how long to wait as the promotion of him is getting delay because of this punishment
kindly give answer


 8 Replies

G.L.N. Prasad (Retired employee.)     05 October 2020

The presumption is that appeal is pending.   Make a gentle reminder and as you have to finally file writ through a competent advocate, get his guidance in sensitive matters that are important in life.

sujay dhanush   05 October 2020

Prasad sir
good morning
I understand that appeal is pending
Is there to wait until order from appellant authority. or to file a writ after giving a gentle. remainder.

G.L.N. Prasad (Retired employee.)     05 October 2020


Let us be very frank, as such employees against whom DP was pending (in case of your appeal), even if some writ is filed, most of the judges wanted to relieve themselves by dismissing the case mostly, unless there is some involved with principles of natural justice.If they are kind enough, they may at the most direct employer to take action within a time frame.  So, after exploring all the possibilities only, you have to go ultimately for a writ.  Please contact local advocate who is experienced in such labor relations and everything depends on the gravity of the charges..

The employee should neither hurt the employer as resorting to court is not taken leniently by the employer and particularly at the time of promotion.

I can only suggest two things 1.A gentle reminder as to the grievance petition in pgrms for employees.  and filing RTI Application to the Appellate Authority seeking reasons for the abnormal delay (you have not informed the months of delay)

I personally feel that you should have more patience and must exercise restraint.  Be cautious at every step and give sufficient time to the Appellate Authority and never take any wrong step as the situation is delicate and no authority likes to be questioned, whatever serious the situation was due to his negligence.  At this stage promotion is not that important, coming out with a clean chit, stainless is more important so that you can get the promotion even during the next chance. (There is an old proverb: "if your robes are on thorns, you should be careful in getting the robe back as slight negligence may cause loss)


1 Like

sujay dhanush   05 October 2020

Thank u sir
my case is he is a techer and the 17 b charge was given to him for getting poor results in the board examination in the year 2014. for that in the final order department of school education has given a punishment of with hold increment for one year without cumulative effect.on March 2020.He has applied to his appellant authority in april 2020. still now no reply.
Now. the panel of promotion is started. at this what is rhe advice sir
yet three. more years to go for his retirement sir
kindly advice is it right time to go for writ or to wait still sir

P. Venu (Advocate)     05 October 2020

You have not stated whether you are employed with the Central or the State Government. Nowadays all the Central Government and most of the State Government employees need to approach the Administrative Tribunal. If so, you can file an application after six months after submission of the appeal. An appeal is a statutory remedy. Reminders, gentle or otherwise, may not make much of a difference.

However, whether poor result, per se, could not be a ground for initiating a disciplinary proceedings or imposing punishment unless the poor result could be attributed to lack of devotion to duty on your part  and there is a specific finding to this effect.

During the currency punishment, you are not eligible for promotion.

By the way, is this alleged misconduct on your part reflected in your APAR (or ACR)?

As the withholding of increment is with cumulative effect, retirement benefits and pension would be adversely affected. 

1 Like

sujay dhanush   19 June 2021

My client got 17b charge and punishment of stoppage of 1year increment without cummulative effect was imposed to him.He appeal to the secretary to government for the same to drop the punishment. since ther is no reply from the apellant authority he approached high court to give direction to the secretary to government. Honourable high court has given 4 months time to give the order.But 5 months have gone still there is no reply from either from department or from secretary to government .now how long to wait?to get the reply? or go to contempt?or any other way is there?
My client lost his promotion 5years ago because of this and he is going to retire next year

P. Venu (Advocate)     19 June 2021

The only remedy is in filing a Contempt Petition.

sujay dhanush   19 June 2021

Thank u sir
sir Is it possible to quash the punishment order instead of filing a contempt petition

plz tell me sir

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