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Dinesh Kumar Maheshwari
in Civil Procedure Law Enforcement of Civil Judgments Law
Asked October 27, 2017

Maintainability of an appeal in a transfer case of Bank employee

  • 2 Answers
  • 608 Views

Sir, I want to file appeal in supreme court (regarding Transfer case) case is decided as on 5/10/17. Bank advocate informed wrongly to hon able court that two departmental inquiry is under process against me .Where as both the charge sheet were completed in april 2017 and i have sent gist of charge sheet to inquiry officer .and probably inquiry officer is also submit his report to Disciplinary authority (chairman) can i talk in this matter to file a appeal in Supreme Court and please do provide legal fee charges by Penal advocate of your firm. main reason of annoy is ,i am filing RTI application against bank Management and a file a complaint in CVC in April 2014. for full details of case please do contact my Highcourt advocate Shri S.P.Sharma 9314715058 and his email - satyaparashar50@gmail.com. hope to hear a favorable response from you regards Dinesh Kumar Maheshwari

Answers 2

You can file a Special Leave Petition (SLP) under Artice 136 of the constitutuion to the Supreme Court. SLP can be filed after taking permission from the High Court. SLP can be filed against any judgment of High Court within 90 days from the date of judgement; or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate. However, the Supreme Court will accept hearing the petition only if  you can prove "exceptional circumstances" OR "substantial and grave injustice" -the latter can be proved in your case if you can cite sufficient ecidences to prove that the bank treated you wrongly and caused you grave injustice and suffering.

You are therefore advised to approach the High Court immediately, before 90 days of the HC's  judgment and seek a certificate to file an SLP to the Supreme Court. If they do not issue the certificate, then immediately engage the services of a good Supreme Court lawyer and file a SLP at the Supreme Court within 60 days of the High Court's refusal to grante a certificate to file an SLP to the Supreme Court. 

Agree Comment 0 Agrees over 3 years ago

The opinion expressed by Saurabh holds good.

Agree Comment 0 Agrees over 3 years ago

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