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Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     12 November 2011

Yet another transfer despite stay orders

Dear Querist,

 

Copy of Order attached since being illegible, we can not opine accordingly. However, you may peruse the same and understand that if said stay order of Court relates to earlier order of transfer issued by the Ins. Co. and the present attached letter of Ins. Co. is asking you to comply with its earlier transfer order, you may write to them of existence of the stay order passed by the Hon'ble Court. You may also request the Ins. Co. not to press upon you to such compliance of its recent order of transfer.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi



Learning

 7 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     12 November 2011

Dear Querist,

 

Copy of Order attached since being illegible, we can not opine accordingly. However, you may peruse the same and understand that if said stay order of Court relates to earlier order of transfer issued by the Ins. Co. and the present attached letter of Ins. Co. is asking you to comply with its earlier transfer order, you may write to them of existence of the stay order passed by the Hon'ble Court. You may also request the Ins. Co. not to press upon you to such compliance of its recent order of transfer.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Kumar Doab (FIN)     13 November 2011

The earlier order is transferring the employee to Gulabpura and the learned HC has granted stay on transfer. The new transfer order was issued By the Chairman of the insurance company, as a part of decision on memorial appeal of the dismissed employee. While the new order was issued dispute/matter was with the conciliation officer-ALC. This is an interesting case and valuable advice of learned experts/members having expertise and mastery on the subject is sought.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 November 2011

The order is definitely an illegal order passed while transfer itself is stayed. This is nothing but a contempt of court. New facts even do not give right to respondent/employer to violate intension of High Court reflected in its order of staying transfer.

1 Like

Kumar Doab (FIN)     13 November 2011

Learned Mr. Makkad,

Kindly accept heartfelt thanks for your valuable advice.

The query initiated by Mr. Soni in this thread, is very interesting and valuable advice of learned experts/members is making it educative and enriching.

Regards

Kumar

Kumar Doab (FIN)     15 November 2011

"NOT PROVIDING PROMOTIONAL AVENUES TO THE TRANSLATORS AND NOW TRANSFERRRING HIM TO A LOWER POST OF ASSISTANT (L.D.C.) VIDE IMPUGNED ORDER DATED 5/6/2007 TO GULABPURA (BHILWARA) FROM AJMER D.O. FROM THE POST OF HINDI TRANSLATOR TO THE POST OF ASSISTANT (L.D.C.)"

is probably part of your complaint to ALC also.

Have you tried reminding the new Chairman , GM(P), DGM(P), Director (Finance) Govt representative on board of insurance company NIACL, by name, in a specific, and clear communication that the company has caused contempt of court? The idea is sens may prevail, and new Chairman may act sensibly.

It is belived that your lawyer has issued legal notice to S.S.Hira on the subject and probably no reply has been issued.

It is felt that some of the officials are hellbent on making mockery of rules/laws to massage their ego and they do not mind if public money is wasted on unneccessary litigation. You may consider submitting a specific comunication to PM.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 November 2011

I also suggest to follow the advice of Doab.

1 Like

Sudhir Kumar, Advocate (Advocate)     18 November 2011

consult you counsel for filing CP against your chairman


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