CAT SUSPENSION ORDER QUASH
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
OA No.:_______ of _______
_________________________________Appellant.
VERSUS
__________________________________Respondent.
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
- Particulars of the Applicant
As given in the Memo of Parties.
- Particulars of the Respondents
As given in the Memo of Parties.
- Impugned Order:
That the applicant is aggrieved by the impugned order issued by the respondents whereby the services of the applicant has been put under suspension and the Headquarters of the applicant has been arbitrarily fixed at place __, malafide, dehors rules and regulations and in colourable exercise of the powers and is indicative of non-application of mind.
The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power.
- Jurisdiction
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
- Limitation:
That the applicant further declares that the application is within the limitation.
- Facts of the Case:
- That the applicant submits that _____
GROUNDS
6.2 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the impugned suspension order is issued in very hot haste manner which amply goes to show the malafide on the part of the respondent.
(c) That the cardinal principle for placing an individual under suspension is that by not suspending it will be detrimental to the collection of evidence or the applicant is likely to tamper with the evidence. There is no such possibility and as such there was no need to place the applicant under suspension. The suspension order should not be issued as a matter of course and lightly but only with circumspection and care, which is lacking in the instant case.
(d) That as per Govt Instructions "An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant or traveling allowance, etc, or other complications.
(e) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estoppel applies against the respondents.
(f) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
- Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents __ ;
(c) Direct the respondents to produce all the relevant documents along with reply for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this OA;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
- Interim Orders, If Prayed:
It is, most respectfully prayed that during the pendency of this OA, the operation of the impugned order A-______ may be stayed in the interest of justice.
- Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
- Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
- Particulars of Court Fees:
Court fees worth Rs 50/- is attached herewith.
- Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
OA No:______ of _______
_____________________________________Appellant.
VERSUS
______________________________________Respondent.
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985.
I,______, do hereby solemnly, affirm and declare as under:
- That the accompanying O.A. has been prepared under my instructions.
- That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge 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 ____________
OA No:______ of ______
_____________________________________Appellant.
VERSUS
______________________________________Respondent.
Index
|
Sl No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
