A person can challenge a wrongful dismissal from a government job by filing a representation or appeal with the appropriate departmental authority. If not resolved, they can approach the Central Administrative Tribunal (CAT) or State Administrative Tribunal, and further appeal to the High Court or Supreme Court under writ jurisdiction (Articles 226 and 32 of the Constitution) for violation of constitutional or service rights.
A government employee who believes they were wrongfully dismissed can challenge the decision through internal appeal procedures and, if necessary, by seeking legal recourse in court. The specific steps depend on the nature of the government entity and the applicable laws.
A person challenging wrongful dismissal from a government job in India can take the following steps:
File an appeal: Submit a formal appeal to the appropriate appellate authority (as per service rules) within the stipulated time limit—usually within 45 days, with possible extension for valid reasons.
Seek judicial review: If the dismissal is alleged to be arbitrary, illegal, or in violation of constitutional or statutory rights, file a writ petition under Article 226 (High Court) or Article 32 (Supreme Court) for judicial review.
Claim compensation or reinstatement: In the appeal or writ, request reinstatement and/or compensation for wrongful dismissal.
Provide supporting evidence: Submit relevant documents such as appointment orders, termination letters, and evidence of any procedural violations or malafide actions.
Follow service rules: Ensure all procedures for appeal, revision, or memorial (as per relevant civil service rules) are followed.
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