Legal Question in Civil Litigation in India

On the first day of departmental enquiry I was not supplied with the copies of complaints made against me. On the basis of those complaints I was suspended. On that day I was forced to write one confession letter in lieu of false promise from union present thereat. After that I was removed from services using RTI Act 2005 I have started to apply to the management for the set copies and after 19 years legal battle they supplied me the copies. There is no FIR/Case against me either from management or the complainants in local PS. Now i want to challenge the removal order. Is it possible?


Asked on 3/10/14, 7:10 am

3 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Why didn't you challenge the termination at that time? Termination is certainly violation of law and norm. Your case is strong but the only problem is period of limitation. If I know the whole facts, I can suggest you properly and can say whether there is any chance of getting the case admitted or not.

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Answered on 3/10/14, 8:05 am
Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

Your case might be time barred kindly contact a lawyer with all the documents.

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Answered on 3/11/14, 12:58 am
Fca Prashant Chavan Expert Edge LLP

12.03.2014

Dear Sir / Madam,

If the charges then leveled against you are not proved in Court, you are eligible to file an appeal against the removal order, and ask for reinstatement of service if you are below the age of 60, or monetary compensation in lieu thereof from the employer if you are above 60. You may need to gather ample evidence that you were compelled to sign the confession letter by the Union under duress and force.

Regards,

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Answered on 3/11/14, 10:50 pm


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