30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

MODEL REPRESENTATIONS & APPEALS

T    The following are few examples of drafting the replies, appeals and petitions. Similarly we should attempt to draft the cases with simple language pinpointing the points properly. Hope this will give you some light in the drafting skill 

2. Appeal against continuance of the suspension beyond 90 days without review

Sub:Appeal against continuance of suspension beyond 90 days without Review by the Review Committee.

Sir,

This is an appeal under the provision of clause (i) of Rule 23 of CCS (CCA) Rules, 1965.

(A) Facts of the case

(i) That while working as Treasurer in the office of the ..... I was placed under suspension under Clause (a) of sub-rule (1) of Rule 10 of CCS (CCA) Rules, on …….. on the ground that a disciplinary proceeding against me was contemplated.

A copy of the above order of suspension is submitted herewith for the kind perusal of the Appellate Authority.

(ii) That till the date of expiry of the period of 90 days or suspension, I did not receive any order extending the period of suspension.

(iii) That, therefore, I went to the Office on …….., with a joining report. But, my joining report was refused to be accepted on the ground that the order placing me under suspension had not been revoked.

(iv) That the above decision disallowing me to join duties is appealed against on the following grounds:

(B) Grounds for appeal

(a). Sub-rule (7) of Rule 10 of CCS (CCA) Rules lays down as follows:

"(7) Notwithstanding anything contained in sub-rule 5 (a), an order of suspension made or deemed to have been made under sub rules (1) or (2) of this rule shall not be valid after a period of 90 days unless it is extended after review, for a further period before the expiry of 90 days"

(b) I was placed under suspension on …….., and the period of 90 days of suspension expired on ………..

(C) No order was received by me extending, after review, the period of suspension beyond ninety days.

(d) Consequently, therefore, the order of suspension, dated …….., became invalid from …….., in terms of sub-rule (7) of 10 of CCS (CCA) Rules, cited above.

(C) Relief sought

Most humbly I pray that suitable order may kindly be issued directing the suspending authority to accept my joining report, dated ……., deeming that the order of suspension stood revoked from ………. (A.N.).

An early order is solicited.

Yours faithfully,

Copy (in duplicate) to the.............(Suspending Authority) for information with the request to forward the appeal of the undersigned to the Appellate Authority with comments and relevant records in terms of sub-rule (3) of Rule 26 of CCS (CCA) Rules.