High Court asking the Secretary of General Education department
2 years ago
There's a judgement by honourable High Court asking the Secretary of General Education department to reconsider an appointment and hear the petitioners. I work as an undersecretary under this secretary. As per rules of business, secretary authorized me to hear the petitioners and give him report. Subsequently after doing the same a government order was issued by me for the secretary. This is a common practice as per rules of business. But the decision in order was made by collective effort of all superior officers, law department, finance department, Secretary and concerned minister. The petitioner was not satisfied with the order filed contempt of court against me, mistaking me for Secretary. I was never a respondent in the orginal case. After few weeks the petitioner corrected my position as undersecretary and honourable high court suo mutton impleaded secretary as second respondent. As an undersecretary I alone can't comply with the orders. I am about to change department due to getting promoted . After that I won't even have access to that file. How can I remove my name from respondants??
As per the facts stated. you may file an application along with an affidavit stating that you no longer need to be a necessary party in the proceedings due to your transfer to another department.
A.Dear Sir,
You may file application along with Affidavit and documents showing that you are not a necessary party to the said contempt proceedings since now you have been shifted to another department by way of promotion. Further on record the original contemnor that is secretary of the Department is available. Even if your name is not removed you may be a formal party and no negative orders can be passed against you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago