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Challenging a governmental decision through the Courts of Her Majesty’s Court and Tribunal Service


I started a process of having the United Kingdom’s governments response to my concerns about the Criminal Justice System challenged through the Courts with the following email:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 28 May 2015 08:21 To: Civil Appeals – Listing Subject: Permission to proceed with a legal challenge to a governmental decision

To The Court of Appeal Civil Appeals Office Room E307 Royal Courts of Justice The Strand London WC2A 2LL DX 44456 Strand civilappeals.listing@hmcts.gsi.gov.uk

28 May 2015

Dear Sir/Madam

1.. I wish to challenge the following assertion from the government that it has provided me with an erroneous understanding of the legal position which leads the citizen to nothing other than pursing a wild goose chase to obtain the appropriate legal redress on his or her civil applications:

On Monday, 18 May 2015, 9:46, “CLPU, Correspondence” wrote: Dear Dr Panigrahi, I have been asked to reply your email of 16 April addressed to Mr Vara. We can only reply to your further query about making misfeasance into a criminal offence. We had replied to you by email on 8 April 2014 about this (ref TO14/1417). Misfeasance in public office is a tort and is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The claimant must establish that specific loss or damage has been suffered. Should you wish to consider bringing such a civil claim I would suggest that you seek legal advice on the options which may be available. Your letter calls for misfeasance in public office to become a criminal offence, or alternatively, for a special body to be set up to investigate cases and make recommendations to the Crown Prosecution Service as to the appropriate disposal of a complaint. There are a number of offences that may be applicable where the holder of a public office is alleged to have committed misconduct. These include the criminal offences of fraud and bribery, and the common law offence of misconduct in public office. As there are already offences available, I can confirm that the Government currently has no plans to change the law in this area. Yours sincerely Julia Fulcher CRIMINAL LAW AND LEGAL POLICY UNIT

2. I base my application to the Court of Appeal on the basis of my proceedings on the Greenwich Legalities and Shell Tribunal issues that were passaged through the offices of (1) Sir John Brigstocke, KCB, Judicial Appointments and Conduct Ombudsman, 9thFloor, 9.53, 102 Petty France, London SW1H 9AJ; (2) Judge B. Doyle, President of the Employment Tribunals (England & Wales), Victory House, 30-34 Kingsway, London WC2B 6EX; and through (3) Kent Police. These proceedings show that the government is wrong in stating that there are already appropriate offences that would enable a citizen to seek redress in the courts against perpetrators of civil misdemeanours that verge on crimes but which are certainly injustices from the viewpoint of the victim so that there is a need for a change in the law if the justice system is to be coherent.

3. Accordingly, I am seeking the Court of Appeals judgement that the government must rethink its policy to make effective institutional changes.

4. If this matter can be heard by the Court of Appeal please let me know the appropriate Form that needs to be completed and the Court Fee that is appropriate for the listing.

Yours sincerely

Dr Shantanu Panigrahi

The reply came as follows:

On Friday, 29 May 2015, 13:12, Civil Appeals – Registry wrote:

Dear Sir

If you wish to apply for permission to appeal to the Court of Appeal you will need to provide the following:

• 3 copies of your completed Appellant’s Notice. • A sealed copy of the order. • A copy of the Multi-Track order (if applicable) • Your Grounds of Appeal. • A fee of £235 is payable either by cheque or postal orders. Cheques and postal orders should be made payable to HMCTS. You may be entitled to fee exemption, and a form is enclosed should you be eligible. However, you must provide recent proof of benefits and/or low income, dated within the last four weeks.

Regards

Registry Team

I replied as follows:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 31 May 2015 10:46 To: Civil Appeals – Registry Subject: Re: Permission to proceed with a legal challenge to a governmental decision

To The Court of Appeal

Dear Sir/Madam

1. Mr David Cameron, the Prime Minister, did not provide me with a sealed Order that I can submit to the Court for its consideration of my application to proceed with my legal challenge to his decision that was channelled to me through the Ministry of Justice.

2. My grounds for appeal is that I have exhausted all legal procedures relating to the Tribunal and Medway County Court to discover that judges are immune from prosecution by the Police or from being investigated for Misconduct in Public Office by the institutions set up by the Ministry of Justice.

3. I do wish to apply for Fee Exemption, having only about £325 in my Bank Account and my earnings during the past four weeks from my job at the Newsagency being £70 per week to add to my Disability Living Allowance of £21.55 per week.

4. Please consider these circumstances and let me know the judgement of the Court.

Yours sincerely

Dr Shantanu Panigrahi

The Court replied as follows:

On Tuesday, 2 June 2015, 10:30, Civil Appeals – Registry wrote:

Dear Sir/Madam,

You will need to obtain a sealed copy of the order from the Lower Court along with the other documents stated in our previous email in order to apply for permission to appeal.

Kind Regards

Registry Team

I replied as follows:

Shan Panigrahi To Civil Appeals – Registry 2 June 2015 at 11:58 AM To The Court of Appeal

1. Thank you for your email.

2. This matter is currently awaiting a judgment from Judge B. Doyle, President of the Employment Tribunals (England & Wales), Victory House, 30-34 Kingsway, London WC2B 6EX. I understand that he is due to consider the issues and pass his judgement in the form of the Order that you need tomorrow.

3. If following his judgement I would need to appeal the decision I will follow through with your instructions.

4. Please let me know by return email if this course of action will be acceptable to the Court.

Yours sincerely

Dr Shantanu Panigrahi

I then wrote to Judge Doyle as follows:

On Thursday, 11 June 2015, 19:25, Shan Panigrahi wrote:

To Judge Brian Doyle President Employment Tribunals ( England & Wales ) President’s Support Office 4th Floor, Victory House 30-34 Kingsway London WC2B 6EX

By Email: Presidents_Office_Employment_E&W@hmcts.gsi.gov.uk

Dear Judge Doyle

1. Thank you for your letter dated 8 June 2015 (concerning the correspondence from Ms Gillian Huston of the Judicial Conducts Investigation Office) stating that the matters are in hand.

2. I would be grateful if you would now deliver your judgement on my complaint in the form of a sealed order as required by the Court of Appeal.

Yours sincerely

Dr Shantanu Panigrahi

I then sent forwarded the email sent to Judge Doyle to the Court of Appeal:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 11 June 2015 19:42 To: Civil Appeals – Listing Subject: Fw: Complaint To The Court of Appeal

Dear Sir/Madam

1. Please note with regard to our correspondence on ‘Permission to proceed with a legal challenge to a governmental decision’ between 28 May 2015 and 2 June 2015.

2. Please advise urgently if this request to proceed with the matter is not appropriate.

Yours sincerely

Dr Shantanu Panigrahi

The Court replied as follows:

On Friday, 12 June 2015, 8:20, Civil Appeals – Listing wrote:

Please provide your Court of Appeal Reference number.

Miss A Billinge Listing Office Staff Manager Room E306 Civil Appeals Office Royal Courts of Justice Strand London WC2A 2LL Tel: 0207 947 7288 Fax: 0207 947 6621

My reply was as follows:

On Friday, 12 June 2015, 8:39, Shan Panigrahi wrote:

To The Court of Appeal

Dear Sir/Madam

I am still waiting for the Court of Appeal Reference No with regard to the attached.

Yours sincerely

Dr Shantanu Panigrahi

When no reply came, I sent the following email back to the Court of Appeal:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 23 June 2015 16:46 To: Civil Appeals – Listing Subject: Fw: Complaint

To Court of Appeal

Dear Sir/Madam

Is there any progress in the consideration of this matter?

Yours sincerely

Dr Shantanu Panigrahi

The Court of Appeal replied as follows:

On Thursday, 25 June 2015, 10:25, Civil Appeals – Registry wrote:

Dear Ms Panigrahi,

Further to your emails below, the decision you are appealing appears to be an Employment Tribunal decision, any decision from the Employment tribunal should first be appealed to the Employment Appeals Tribunal. NOT the Court of Appeal. If you have already appealed at the Employment Appeals Tribunal then it is likely that a further appeal lies to the Court of Appeal.

The Court of Appeal would not generate a reference number unless you have lodged paperwork with us, Could you kindly confirm if you have filed with us the minimum required documents for a permission to appeal application? If so please us know how and when you have lodged your papers. If you have not lodged any documents with us, please find attached the minimum requirement for an appeal along with an appeal pack which includes the relevant forms and guidelines.

We cannot ascertain jurisdiction or time limits without the minimum required documents therefore we cannot whether or not it is appropriate to lodge your appeal with the Court of Appeal. Therefore I would ask you to lodge your appeal if you have appealed to the Employment Appeals Tribunal and believe the appeal lies with the Court of Appeal.

Thank you,

Ali Memon Court of Appeal | Civil Division Registry Office Rm. E307, Royal Courts of Justice Strand| London WC2A 2LL DX 44450 Strand T: 020 7947 6533 | F: 020 7947 6740 civilappeals.registry@hmcts.gsi.gov.uk

I replied as follows:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 25 June 2015 11:43 To: Civil Appeals – Registry Subject: Re: Complaint

To Mr Ali Memon

Dear Sir,

1. This Case has nothing to do with appealing an Employment Tribunal Case decision through the channel of the Employment Appeal Tribunal through to the Court of Appeal. It concerns an application to determine whether the Ministry of Justice, on behalf of the Prime Minister, is legally justified, on the basis of the evidence that I have submitted to the government on the issues of ‘Greenwich Legalities’, ‘Shell Tribunal’, ‘UKIP Proceedings’ and ‘Internet Complaint’, in making the following statement to me:

On Monday, 18 May 2015, 9:46, “CLPU, Correspondence” wrote: Dear Dr Panigrahi, I have been asked to reply your email of 16 April addressed to Mr Vara. We can only reply to your further query about making misfeasance into a criminal offence. We had replied to you by email on 8 April 2014 about this (ref TO14/1417). Misfeasance in public office is a tort and is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The claimant must establish that specific loss or damage has been suffered. Should you wish to consider bringing such a civil claim I would suggest that you seek legal advice on the options which may be available. Your letter calls for misfeasance in public office to become a criminal offence, or alternatively, for a special body to be set up to investigate cases and make recommendations to the Crown Prosecution Service as to the appropriate disposal of a complaint. There are a number of offences that may be applicable where the holder of a public office is alleged to have committed misconduct. These include the criminal offences of fraud and bribery, and the common law offence of misconduct in public office. As there are already offences available, I can confirm that the Government currently has no plans to change the law in this area. Yours sincerely Julia Fulcher CRIMINAL LAW AND LEGAL POLICY UNIT

2. If the Court of Appeal does not have jurisdiction to pass judgement on this matter, please let me know what is the proper process of the Royal Courts of Justice for having this government decision made the subject of a judicial ruling with regard to its legality.

Yours sincerely

Dr Shantanu Panigrahi

The Court official replied as follows:

Complaint (14) Civil Appeals – Registry To ‘Shan Panigrahi’ 25 June 2015 at 12:06 PM Dear Dr Panigrahi,

Further to your email below, I apologize for the misunderstanding. As an administrative officer I am neither qualified nor trained to give legal advice, however with respect to procedure I can inform you that Court of Appeal is an Appellate court (which accepts appeals from lower courts) and would not have jurisdiction to accept an appeal against a decision of a public office holder. I would add that you may be able to judicially review such a decision at the High Court Administrative division.

Therefore I would suggest you should contact the High Court Administrative division (0207 947 6655) to confirm if the decision you seek to appeal can be judicially reviewed.

Thank you,

Ali Memon Court of Appeal | Civil Division Registry Office Rm. E307, Royal Courts of Justice Strand| London WC2A 2LL DX 44450 Strand T: 020 7947 6533 | F: 020 7947 6740 civilappeals.registry@hmcts.gsi.gov.uk

I followed up the directions by telephoning the Court at the number given but got no answer and so wrote back to Mr Ali Menon to give me their email address or forward to them my emailed correspondence for an answer. He did not reply to me.

I therefore sent the following email to the Administrative Court

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 25 June 2015 14:10 To: Administrative Court Office London, Skeleton Arguments Subject: Judicial Review of Government decision

To High Court Administrative Court London

Dear Sir/Madam,

1. I have been asked to contact you for a decision on whether the following issue of a government statement can be subjected to a judicial review:

On Monday, 18 May 2015, 9:46, “CLPU, Correspondence” wrote: Dear Dr Panigrahi, I have been asked to reply your email of 16 April addressed to Mr Vara. We can only reply to your further query about making misfeasance into a criminal offence. We had replied to you by email on 8 April 2014 about this (ref TO14/1417). Misfeasance in public office is a tort and is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The claimant must establish that specific loss or damage has been suffered. Should you wish to consider bringing such a civil claim I would suggest that you seek legal advice on the options which may be available. Your letter calls for misfeasance in public office to become a criminal offence, or alternatively, for a special body to be set up to investigate cases and make recommendations to the Crown Prosecution Service as to the appropriate disposal of a complaint. There are a number of offences that may be applicable where the holder of a public office is alleged to have committed misconduct. These include the criminal offences of fraud and bribery, and the common law offence of misconduct in public office. As there are already offences available, I can confirm that the Government currently has no plans to change the law in this area. Yours sincerely Julia Fulcher CRIMINAL LAW AND LEGAL POLICY UNIT

2. Please let me know if I may proceed, and send me the forms to be completed by email along with the Court Fee Remission form that I require.

Yours sincerely

Dr Shantanu Panigrahi

I received a reply back as follows:

On Thursday, 25 June 2015, 17:31, “Administrative Court Office, Case Progression” wrote:

Dear Sir,

You would need to seek independent legal advice on this matter (as I see you have been advised below). The Court does not give what would, in effect, be legal advice as to what action any putative claimant or appellant may wish to take. As such, it remains up to you to consider any action you may wish to take, within whichever section of HMCTS may be relevant to whichever matter you seek to challenge . The Court would not, in any event, accept any application by email.

Yours sincerely,

Ms Clodagh O’Neill ACO Case Progression Officer | Administrative Court Office |Royal Courts of Justice, The Strand, London WC2A 2LL Telephone: 020 7947 6655- option 6 administrativecourtoffice.caseprogression@hmcts.x.gsi.gov.uk Please note that as I am part of the above email group, there is no need to send duplicate emails to me individually.

I replied with the following email:

From: Shan Panigrahi [mailto:shanpanigrahi@yahoo.co.uk] Sent: 25 June 2015 18:12 To: Administrative Court Office, Case Progression Subject: Re: Judicial Review of Government decision * OFFICIAL *

Dear Sir/Madam

1. Thank you for confirming to me that I have now arrived at the correct court of HMCTS for an adjudication on the validity of this governmental decision.

2. Please send me the appropriate Court Application Form and the Fee Remission Form to my following home postal address to enable me to proceed with this challenge through the postal system, as you require: (my home address given).

Yours sincerely

Dr Shantanu Panigrahi

This morning I received a reply back from the Adminstrative Court as follows:

RE: Judicial Review of Government decision * OFFICIAL * (3) Administrative Court Office, Case Progression To Shan Panigrahi 26 June 2015 at 10:54 AM Dear Sir,

I am not sure how your misreading of my response given below can have arisen, but for the avoidance of any confusion, I state here that the information I gave below does not give any such confirmation that you have ‘arrived at the correct Court of HMCTS for an adjudication on the validity of [whichever] governmental decision’.

As such, please also note further that this correspondence is now closed. It remains for you to seek legal advice on this matter, as previously advised, should you so wish.

Yours sincerely,

Ms Clodagh O’Neill ACO Case Progression Officer | Administrative Court Office |Royal Courts of Justice, The Strand, London WC2A 2LL Telephone: 020 7947 6655- option 6 administrativecourtoffice.caseprogression@hmcts.x.gsi.gov.uk Please note that as I am part of the above email group, there is no need to send duplicate emails to me individually.

This is how my attempt to have the government’s response to my concerns about the Criminal Justice System that has caused me personal suffering over a very long period of time has ended.

.

June 26, 2015 - Posted by shantanup | Uncategorized




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