Appeal regarding Suspension from 1997 to 1999
5 months ago
I was Appeal to Administrative Authority of Dhn.divn. from 1997 to 1999. Review order given by DRM/DHN Twice on my Appeal, But Personnel Officer disobey the order & not taken any action? So, What legal action can be taken?
A.Dear Client,
Your query requires more details like the date of the final order passed, operative para of the order of the CAT etc. to respond appropriately especially when the matter belongs to the year 1997/1999. However, in short, it is to inform that execution signifies the enforcement or giving effect to a judgment or order of a court of justice. Execution is the enforcement of decree & order by the process of the court, to enable the decree-holder to realize the fruits of the decree. Section 27 of the Administrative Tribunal Act for the execution of orders of a Tribunal provides that subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order, shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) or section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed. The final order passed by the Tribunal is executable under Section 27 of the Act within one year from the date of its becoming final. The orders of the Central Administrative Tribunal having substantial points of law and merit can be challenged by way of Writ Petition under Article 226/227 of the Constitution before the respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated. However, there is "no" limitation prescribed for invoking writ jurisdiction, but it should be within reasonable time. Reach out to an Advocate experienced in CAT matters for guidance and steps.
Your query requires more details like the date of the final order passed, operative para of the order of the CAT etc. to respond appropriately especially when the matter belongs to the year 1997/1999. However, in short, it is to inform that execution signifies the enforcement or giving effect to a judgment or order of a court of justice. Execution is the enforcement of decree & order by the process of the court, to enable the decree-holder to realize the fruits of the decree. Section 27 of the Administrative Tribunal Act for the execution of orders of a Tribunal provides that subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order, shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) or section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed. The final order passed by the Tribunal is executable under Section 27 of the Act within one year from the date of its becoming final. The orders of the Central Administrative Tribunal having substantial points of law and merit can be challenged by way of Writ Petition under Article 226/227 of the Constitution before the respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated. However, there is "no" limitation prescribed for invoking writ jurisdiction, but it should be within reasonable time. Reach out to an Advocate experienced in CAT matters for guidance and steps.
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