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Non compliance with order of appellate authority what to do
24-May-2023 (In Civil Law)
Order imposing penalty of "compulsory retirement on proportionate pension" was set aside, six month ago, by appellate authority and directed to hold re-inquiry. But appointing authority is neither conducting re-inquiry nor passing the order of reinstatement. We requested appointing authority for compliance, but no response received even after two reminder. Please advice what should we do now and also tell how we can take help of court in this regard. Please advice. Thank you.
Please take up the matter with Appellate Authority or its higher authority seeking implementation of order of the Appellate Authority.
Thereafter also if pursuasive method does not bring desired result, matter may be proceeded legally.
Since order of compulsory retirement has been set aside, it implies that employee is entitled to be reinstated from the date of compulsory retirement and thus he is entitled for Salary thus steps for its recovery can be initiated under applicable law.
Alternatively writ jurisdiction if possible can be invoke seeking directions for implementation of order of Appellate Authority.
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Adv. Rajendra Arora
Jaipur | 25+ Answers
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Dear User,
As you have mentioned that Penalty was set aside, six month ago by the Appellate Authority, You can send a Notice for demand of Justice to the Concerned Authority and if no response received then also, then you file a Writ Petiton for the same.
Another Remedy that you can avail is that you can also file a Contempt for non-compliance of the Order.
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Adv. Shubham Jain
Jaipur | 25+ Answers
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File " court of contempt petition "in same court and you can also file application for execution of decree/order passed in favor of you.
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Adv. Suresh Naraniya
Jaipur | 25+ Answers
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Please proceed with a legal notice for the same with the help of an advocate . You may proceed after the notice period for a civil suit. Please also make a complaint in higher authority if dose not proceed for the same and also mention in that civil suit. In govt department you can make a complaint in sugam portal.
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Adv. Hemant Kumar Joshi
Udaipur | 25+ Answers
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