One has to see what was in her petition before the tribunal. What was the prayer in the said petition? Did she challenge the transfer in the petition, or the investigation or further action (such as termination)? On the one hand you have said that she was transferred, but you also say that this negligence amounted to termination of her contractual service, so whether she has been terminated already? Was the petition against the termination or expected termination? What is the detailed order of the tribunal?
Without knowing all these things and going through the relevant documents, no lawyer can give any accurate opinion. It is beyond the scope of this Forum to go through detailed documents and guide on detailed facts, as mentioned in the Forum guidelines. Please consult some local lawyer by showing him relevant documents.
Without going into the specifics, generally speaking, in such type of matters, the courts expect that the representation of the employee be considered on merits and a decision taken thereon by the competent authority within a time limit. Tribunal’s order in your case also appears to be of this type. However, I cannot comment accurately on a specific case in the absence of knowledge of the facts of the case. But, in all likelihood, it appears that you are expected to decide on her representation (petition) within 3 weeks and not take any coercive action (which perhaps refers to her termination) till that time. But, as mentioned above, please consult some local lawyer to get accurate advice on facts, what I have mentioned is only a guess.
If you feel that the order of the tribunal is not correct in the facts and circumstances of the case, you may also have the option of challenging the order.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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