Interpretation of judicial order

Sir, Hon ble High Court decided my writ (double bench) as on 5/9/17 regarding a matter of Transfer and i will resume my duty on 9/10/17(.under protest) and reserving my rights. hon able jugde has given a direction "At this stage learned counsel for the appellant states that the appellant along with another person has joined to make a request for mutual transfer . Needless to state ,the respondents shall consider the said request as the transfer policy. in case if bank not consider my request i want to file a writ .please do guide D.B. SPECIAL APPEAL (WRIT) NO 813 /2017

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You can consider filing a review petition under Section 114 of the Code of Civil Procedure and ask the court to give a re-look to you case.  Anybody can file a review petition in a high court within 90 days of the original judgment being delivered as per the Provisions of Limitation Act, 1963.

 

In your review petition, please take help of a lawyer and explain any of the following reasons for the original decision to be altered

(i) discovery of new and important matter or evidence, or 

(ii) mistake or error apparent on the face of the record, or 

(iii) any other sufficient reason.

 

If your bank is a public sector bank and not a private sector one, you can approach the High court and file a writ petition with the help of a lawyer under Article 226 and 227 of the constitution and argue about how this transfer is violative of your rights and thus ask the court to issue a writ of mandamus– which directs the authorities to do something and correct a previous wrong. However, please note that the writ of mandamus can only be used against public authorities and not private ones. 

Answered on October 11, 2017.
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