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I am the employee of Employee provident Fund Organisation, sec-23 Dwarka, New Delhi working on the post of SSA. A case was filed under NDPS Act on 28.11.1999. The Session court awarded the imprisonment for 20 years, on preferred an appeal in High Court, I was acquitted from Hon'ble High Court Jaipur on 8.02.2006. An appeal was preferred by Union of India against the acquittal order of High Court before the Supreme Court. The Competent Authority treated the appeal as judicial proceeding pending against me. Please provide a legal advise so that i fight my case

Answers (2)


228 votes

It is correct that there are judicial proceedings pending against you since the matter is in appeal in Supreme Court, it has not attained finality. But you have not provided information whether the sentence is stayed by SC.
You have also not stated if there is any departmental action against you. With incomplete information it may not be possible to provide a detailed answer.
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LawRato
286 votes

The competent authority is right at their stand as an appeal before the Hon'ble Supreme Court of India is a judicial proceeding and till the time it has not been finalized by the Hon'ble Supreme Court it will be considered as pending matter.
What you can do as of now is -
1. You should continue to contest this case before the Hon'ble Supreme Court of India,
2. You should raise all the issues which you are facing as of now before the Hon'ble Supreme Court by way of application,
3. You should request the Hon'ble Supreme Court to reinstate your job at EPFO and not to let you suffer by the time this case is pending before the Hon'ble Supreme Court,
4. You should seek demurage for all the loss suffered due to your job loss and humiliation faced because of the pending case.

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