Legal Question in Administrative Law in India

service

I was dismissed fromthe post a general manager unethically by framming false charges & conducting onsided enquiry by a private company.I had become a scapegoat between MD & another Director. The high court of AP rejected my writ petitrion on the ground that stay can not be granted against a private company.The enquiry proceedings are sufficient to prove my honesty. kindly suggest me how do i get back my job

Regards


Asked on 5/13/07, 5:20 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: service

i agree with both sh rajeshwar sharma jee and mahesh gupta jee

i will give same advice only

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Answered on 5/14/07, 10:56 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: service

1. The High Court is right. Writ jurisdiction does not lie in private cases.

2. You should file a civil suit requesting quashing of dismissal orders. You should also ask for salary during the period of dismissal along with compensation.

3. You can also file criminal proceedings for falsification of records or for giving false evidence, if any.

M C Gupta

MD, LL.M.

Advocate and medico-legal consultant

[email protected]

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Answered on 5/13/07, 7:59 am
rajeshwar sharma rajeshwarnathsharma

Re: service

Order of High Court is correct and right as writ petition cannot lie against the private company.

You can challenge the order of your dismissal by filing a civil suit to decalre the same as null and void with further relief to take you back on service with all benefit of your service alongwith back wages.

You may file the criminal case against your MD or Director or any other concerned person but it is better to get finding in this regard from the civil court

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Answered on 5/13/07, 9:41 am


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