Clarification in respect of extraordinary situation; Remedy After Review.

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months, 3 weeks ago.

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  • #4550

    Sir,
    I am a student of Commercial Pilot Lisense Training on Scholarship from the Govt. of India. My training was terminated because I have raised voice against rampant irregularities at Indira Gandhi Rashtriya Udan Akademi an autonomous body under Ministry of civil Aviation. An enquiry was conducted by Director General of Civil Aviation who found my allegations correct. Chief Vigilance officer recommended for CBI enquiry. Since respondents were having very good sources with the ministry officials and therefore nothing could be done and all reports kept under the carpet. I have filed a petition bearing No. 24933 (M/B) of 2016 before Allahabad High court at lucknow Bench challenging my illegal termination, which Division bench of the High Court adjudicated not on merit and asked me to join some other flying school against my wish. feeling aggrieved I have review application, the one of the judge who has passed earlier order has not heard my review and one other judge has adjudicated my matter on initial day of hearing disposed my review Petition by saying that if official wants to take decision in my favour then the order passed in Writ petition will not come their way and in such a way once again matter has not been decided on merit and all enquiries were overlooked by the High court. Sir I hail from very humble background I have very limited resource and cannot approach supreme court. Sir Please guide me on my following queries.
    1. At this stage what is the remedy before the High Court.
    2. Is there any judgment to the effect that if the matter has not been adjudicated on merit then It has to be decided on merit, if yes then what is the procedure.
    3. Can I file petition before Senior Judge/ Chief Justice for constitution of Larger bench or for directing division bench to adjudicate matter on merit, if yes then in this case to whom to make party (respondent).
    4. or any other remedy before the High Court in present circumstances I want my case to be decided only on merit Sir.

    Sir I am a student and is victim of corruption in civil Aviation please help me at earliest Sir.

  • #4558

    If the decision was taken by a Single Judge of the High Court, as it appears from your question, you may have the option of challenging the same before the division bench of the high court, provided the rules of your High Court allow it. So, check the relevant rules of your high court in this regard.

    You have already tried the review petition also. Both times, as per facts in your question, it was not heard on facts. While I am aware of detailed facts of your case, it appears that the high court has left the decision to the concerned authority, without deciding on merits, as you have mentioned. It is up to the court concerned to take a call, in the given situation. If you are not satisfied with its decision, you can challenge such decision in accordance with law. If the high court has asked the departmental authority to take decision in your case, then you may approach the departmental authority for the same.

    Your last two questions are already covered in the first para of my reply. If your high court rules permit, you can approach the division bench. Otherwise, you can challenge before the Supreme Court.

         


    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.

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