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Q. Is there a time frame to file a writ in high court?

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Anurag Jha

posted 1 month ago

Q.Is there a time frame to file a writ in high court?
I was suspended in March 2016 by my employer on charges of "inciting fellow officers to participate in strike" neither union leaders were charged who called for strike nor anyone else from around 10000 officers. And it was based on some facebook posts. I was asked not to leave the headquarter without permission (there is no such rule in our officers conduct rule) i asked for it since my wife was suicidal (medical certificate was submitted). Ultimately i had to leave without permission on which subsistence allowance was also stopped. Summary of violations from employer are
1) Chagesheet was issued after 113 days of suspension
2) Subsitence allowance was stopped after one month
3) even after repeated request for quick enquiry, it was prolonged
4) they didnt have authentic evidence or witness and yet based on wrong assumptions and bias I was ordered punishment of rediction of 2 increments and no increments for 2 years (total 4) with future impact
5) entire suspension was of 430 days
6) Appeal against order was filed on 12th July 2017 to appallete authority which was never responded!
7) repeated communications through various channels were not reponded regarding delay from appallete authority
8) Final representation was made to CGM HR agaist appallete authority in December 2018 with copies to ED HR, DMD HR and CEO & MD but even that is not responded.

My query is can a writ court be approached now and for what kind of relief considering I was targetted by the entire system not only one or two and even today I am being hounded, total financial loss due to salary is over 7 lakhs, then had to take personal loan of 6 lakhs to return money which i took from my friends to run my kitchen due to non payment of subsitence allownace, there there is loss of seniority skill sets and motivation!

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) There is no specific limitation.
However the delay must be justified by a delay petition stating forth the grounds as to why such delay was caused.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 month ago

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A. ) dear client kindly go throught experienced high court lawyer for filing your case and ask for condonation of delay to proceeds with absolute proper reasons.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Sir,
You can approach the High Court under Article 226 of Constitution of India and there is no prescribed limitation but he have to chronologically explain as to why delay was caused in approaching the High Court.

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