REPLY BY RESPONDENT

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ________________

 

OA No.: _______

 

______________________ Applicant

Versus

______________________ Respondents

Reply on behalf of the respondent No. _______

Respectfully:

Preliminary Submissions/Objections:

1.  That the present OA is not maintainable at all. The applicant has not joined all the necessary and proper parties. Therefore, the OA is bad for non-joinder of necessary parties. The present OA is motivated, instigated, false, frivolous and vexatious.

2.  That the principle of falsus uno falsus omnibus applies against the applicant. _____

3.  That the applicant has got no indefeasible right in his favour. _____

4.  That the applicant has no locus standi to file the present OA

5.  That the OA is also bad for non-disclosure of better particulars. The particulars have been purposely concealed. The applicant has not come with clean hands and therefore, the principle of suppressio veri suggestio falsi applies against the applicant. The applicant has purposely made mis-representation of facts. _____

6.  That the applicant has not exhausted alternative remedies, which is mandatory requirement before coming before this Hon'ble Tribunal. The matter is not of urgent nature so as to approach this Hon'ble Tribunal without first exhausting the alternative remedies. No irrevocable or irreparable loss has been caused to the applicant neither any interim stay order was involved. Therefore, the OA is premature and deserves to be dismissed on this account alone.

7.  That the OA is hit by gross delay and laches and is not maintainable. _____

8.  That the OA is also not maintainable as all the applicants have different causes of action. Therefore, OA is bad for mis-joinder of cause of actions. _____

9.   That without prejudice to above, _____

Reply on Merits:

1.      That the contents of this para of OA calls for no reply.

2.      That the contents of this para of OA calls for no reply.

3.      That the contents of this para of OA are wrong and denied. __

4.      That the contents of this para of OA are wrong and denied.

5.      That the contents of this para of OA are wrong and denied.

6.      That the contents of this para of OA are wrong and denied.

(a)    That the contents of this sub-para of OA are wrong and denied. __

(b)   That the contents of this sub-para of OA are wrong and denied. __

(c)    That the contents of this sub-para of OA are wrong and denied. __

(d)   That the contents of this sub-para of OA are wrong and denied. __

(e)    That the contents of this sub-para of OA are wrong and denied. __

(f)    That the contents of this sub-para of OA are wrong and denied. __

(g)   That the contents of this sub-para of OA are wrong and denied. __

(h)   That the contents of this sub-para of OA are wrong and denied. __

(i)     That the contents of this sub-para of OA are wrong and denied. __

(j)     That the contents of this sub-para of OA are wrong and denied. __

(k)   That the contents of this sub-para of OA are wrong and denied. __

(l)     That the contents of this sub-para of OA are wrong and denied. __

(m)That the contents of this sub-para of OA are wrong and denied. __

(n)   That the contents of this sub-para of OA are wrong and denied. __

(o)   That the contents of this sub-para of OA are wrong and denied. __

(p)   That the contents of this sub-para of OA are wrong and denied. __

7.  That the contents of this para of OA are wrong and denied. __

8.  That the contents of this para of OA are wrong and denied. It is respectfully submitted that the applicant has obtained ex-parte interim orders by suppression of material facts and as such the interim orders passed by this Hon'ble Tribunal deserves to be vacated and may kindly be vacated in the interest of justice with costs on the applicant. _______ In this context, the Hon'ble Apex Court in a case reported in 1989 Sup (1) SCC 615 titled as Rana Randhir Singh Vs State of HP has deprecated the interim orders passed by the court resulting in holding up the hands of the Governments. Similar observations have been made by the Hon'ble High Court in CWP 964/2001 State Vs Dalip against this Tribunal. The Hon'ble Apex Court in a case titled as Hazrat Surat Shah, Urdu Education Society Vs Abdul Saheb reported in 1988 (5) SLR 768 has held that temporary injunction against proposed termination of an employee or irreparable injury which could be compensated in terms of money could be granted. The applicant if succeeds can always be compensated at the final stage of disposal of the case. As such, the interim order passed by this Hon'ble Tribunal may kindly vacated in the interest of justice.

9.  That the contents of this para of OA are wrong and denied.

10.  That the contents of this para of OA are wrong and denied.

11.  That the contents of this para of OA are wrong and denied.

12.  That the contents of this para of OA are wrong and denied.

(Name of Place)                                                                             Replying Respondent No. _____

_____                                                                                                  Through, Advocate

Verification:

            I,_____, do hereby verify that the contents of paragraphs  1 to _____ of the Preliminary Submissions and paras 1 to 12 of reply on merit are correct and true and no part of it is false and nothing material has been concealed therein.

Verified here at (Name of Place) this _____.

 

BEFORE THE HON'BLE ___________AT ________________

 

OA No: ______

______________________ Applicant

Versus

______________________ Respondents

 

Affidavit in support of reply filed by the replying respondent No. __

            I,_____, do hereby solemnly affirm and declare as under :-

1. That the accompanying reply has been prepared under my instructions.

2. That the contents of paras 1 to ______ of the Preliminary submission and paras 1 to 12 of the reply on merits are correct and true to the best of my knowledge.

3.  That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this the _____.

Deponent

 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________ AT ___________________

 

MA No._____ of ______ in OA No.: ______

__________________________ Applicants/Non-Applicants

Versus

__________________________ Respondents/Applicant

Application under Rule 8 (3) of ______ Administrative Tribunal Rules for condonation of delay in filing of reply on behalf of the Replying Respondent

Respectfully:

1.  That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.

2.  That this Hon'ble Tribunal was pleased to grant time to file the reply to the above OA. The replying respondent/applicant could not file the reply within the stipulated period as the replying respondent had to collect certain records. The delay in filing of the reply is neither intentional nor willful.

3.  That filing of reply is essential for adjudication of the matter in interest of justice. The replying respondent could not file the reply within the stipulated time.

4.  It is, therefore, most humbly prayed that the delay in filing of the reply may kindly be condoned and the reply may kindly be taken on record in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case.

(Name of Place)                                                    Replying Respondent No. ____/Applicant

______                                                                  Through, Advocate

 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________ AT _________________

 

MA No.:_____ of ______ in OA No.: ______

 

________________________ Applicants

Versus

_______________________ Respondents

Affidavit in support of application under Rule 8 (3) of _____ Administrative Tribunal Rules

 I,_____, do hereby solemnly affirm and declare as under :-

1.  That the accompanying application has been prepared under my instructions.

2.  That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge.

3.  That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this the _____.

Deponent

 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________AT _______________

 

MA No.:_____ of _____ in OA No.: ______

 

____________________________ Applicants/Non-Applicants

Versus

____________________________ Respondents/Applicants

Application under Rule 8 (3) of _____ Administrative Tribunal Rules for vacation of interim orders dated _____ .

Respectfully:

1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.

2. That the original applicant has obtained interim orders from this Hon'ble Tribunal by suppression of material facts. There is neither balance of convenience in favour of the original applicant nor there is prima facie case in his favour.

3.  That ______

4. That interest of justice demands that the interim orders passed by this Hon'ble Tribunal on ______ may kindly be vacated. In case the interim order is allowed to continue, the respondent/applicant will suffer irreparable loss and injury, which cannot be compensated in terms of money.

5.  It is, therefore, most humbly prayed that this application may kindly be allowed and the interim order passed by this Hon'ble Tribunal on _______ may kindly be vacated in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case.

(Name of Place)                                                                                                 Applicant

_____                                                                                                       Through, Advocate

 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________ AT

_______________________________

 MA No.:______ of 20___ in OA No.: _______

 

__________________________ Applicants/Non-Applicants

Versus

___________________________ Respondents/Applicants

Affidavit in support of application under Rule 8 (3) of ______ Administrative Tribunal Rules

 I,______, do hereby solemnly affirm and declare as under :-

1.  That the accompanying application has been prepared under my instructions.

2.  That the contents of paras 1 to 5 of the accompanying application are correct and true to the best of my knowledge.

3.  That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place)  his the ______.

Deponent

 

BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________

 

OA No.: ______

 

____________________________ Applicant

Versus

_____________________________ Respondents

Index

SI No	Annx	Particulars of Documents	Pages
1.		Reply	1
2.		Affidavit
3.	R-1
4.	R-2
5.	R-3
6.	R-4
7		MA for Condonation
8		Affidavit
9		Power of Attorney

(Name of Place)                                                                Replying Respondent No. _____

 

______                                                                               Through, Advocate