The basic issue involved in your case is that in a departmental enquiry initiated against you on certain charges (which you have described as false and frivolous), the penalty of compulsory retirement has been inflicted on you. You have mentioned that you have been victimised since you acted honestly and did not allow corruption of your seniors. Your appeal against the said penalty is pending with the appellate authority for last about 6 months and no decision has yet been taken in that appeal.
The remedy for you is to approach the appropriate court or tribunal in your state, where the service matters from your department are required to be filed (for example, for Central Government servants, the case has to be filed in Central Administrative Tribunal). You’ll have to find out which is the court or tribunal in your state where your service matter will need to be filed in the first instance.
Secondly, you’ll have to check under the appropriate rules applicable to your service, as to whether any specific maximum time period has been prescribed for the appellate authority to take a decision in your appeal against the penalty. If this maximum period is yet to expire, you’ll have to wait. But, if this maximum period has already lapsed and the decision is yet to be taken by the appellate authority, then you may approach the appropriate court / tribunal challenging the penalty of compulsory retirement even though the appellate authority has not decided yet. Thirdly, if you wait for the decision of the appellate authority and if you are not satisfied with his decision as and when it is decided, then also you can challenge it before the appropriate court / tribunal.
As and when you file the case before the court / tribunal challenging the penalty, include all your grounds on merits of the case, including challenging the validity of the evidence adduced against you and also other circumstances that show mala fides of the authorities for victimising you for your honesty. You may also consult some local lawyer (by showing him all the details of your case) for properly including all the issues that may have relevance for your case.
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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