Advocate Nishant Singh

Questions Answered by Advocate Nishant Singh

Q: Counter reply being delayed on writ petition

Writ filed by second senior most lecturer having requisite qualifications on 25. 05.2017. Listed in July where opponents council assured counter within a week. Again listed on 22.08.2017. Pending until 31.10.2017. Again pending as likely to be listed on 31.12.2017. Till now no counter reply from opponents. Only CHC has submitted who are also as party. Present in charge is trying to postpone hearing again and again and may be some sources or malafied intents. Kindly advise.

Advocate Nishant Singh answered
No litigants has a right to abuse the procedure provided in the CPC. It`s true that cap on adjournments to a party during the hearing of the suit provided in the proviso to Order 17 Rule 1 CPC is not mandatory but in suitable case, on justifiable cause. Justifiable cause means (as contemplated in Order 17 Rule 1CPC). Therefore I would like to suggest that on the next date kindly raise serious objection before the court that the opposite parties are only interested in delaying the case and has already abused the process of the court and request the court to take serious action against it.

Q: Regional manager forcefully terminates without any reason

I am working as regional manager in reputed pharma company.2 week before I was asked to resign telephonically by my boss.when I asked reason or given in writting he not replied.in same date I have mail to him to please provide reason and give a written on thisatter.he did not reply.after one day I fowarded the same mail to M.D. and HR.HR person called me and I explained all the situation.I am a star performer in the company from last 2 years and till time i am on leave from 2 weeks.please advice what to do.

Advocate Nishant Singh answered
Generaly it depends upon the agreement, if agreement confers discretion power upon the management to terminate or not terminate then it can be done but still i would say that this discretion cannot be exercised or permitted to be exercised capriciously. The discretion has to be based on an objective consideration of all the circumstances and materials which may be available on record. The basis principle of service law is that the employee against whom action on the basis agreement is proposed to be taken must be given opportunity of hearing, if not then it can be challenged in the court of law.