In view of the lack of satisfactory progress at Medway County Court in my pursuit of legal redress from the University of Greenwich (see: https://shantanup.wordpress.com/2014/05/07/dr-shantanu-panigrahi-discusses-the-british-justice-system-with-the-cabinet-office-of-the-united-kingdom/) I have issued fresh proceedings, with an £80 Court Fee, at the Queen’s Bench Division (High Court) at the Royal Courts of Justice Group on 17 October 2014, as follows:
Brief details of claim: Perpetration of intentional defamation on me by the University of Greenwich by deliberately not furnishing my prospective employers (Medway Council) and me with a comprehensive employment reference for my 18 years of service at the Natural Resources Institute to reflect my suitability for employment in respectable state institutions. This Claim Form first applies for permission of the High Court of Justice, Queens Bench Division, Royal Courts of Justice to proceed with this Application as my local County Court is unsuitable for this Hearing.
Particulars of Claim: After initially seeking a disclaimer from me (according the Medway Council) to provide the Council with an employment reference for a Medway Test 2014 job that I applied for with the Council, the University of Greenwich failed to provide this prospective employer with an evidence-based comprehensive reference on my work record at the Natural Resources Institute (NRI) to convey my achievements, dedication, character and trustworthiness during my 18 years of service and hence on my suitability for employment in subsequent government-appointments, thereby damaging my reputation and employability in respectable state employment. This failure to fulfil its employment-associated obligation to assist the State’s functions by assessing my performance was, it is suggested in this Claim, a deliberate act of refusal designed to wantonly harm my future career prospects in order to inflict malicious damage on my credibility in society. The University was able to do this because it has been the beneficiary of protection yielded by the indecision of authorities elsewhere in the Ministry of Justice to whom the legalities of the employment dispute were raised. It is on this basis that this Claim is brought to the High Court seeking substantial damages from the University of Greenwich for its refusal to provide me with a comprehensive employment reference on me which it is suggested amounts to intentional defamation.
The University of Greenwich was informed of the proceedings prior to the submission of the Claim, and it acknowledged the process.
HM Courts and Tribunals Service (Royal Courts of Justice Group, Queen’s Bench Division, Case Management Section) returned my Claim Form to me with a covering letter dated 27 October 2014, as follows:
Dear Sir Thank you for sending in your Claim Form. However, it is being returned to you because it does not have the correct fee attached. Please see attached Court fees sheets for guidance. If you wish to get fee exemption please find pack provided. Kind Regards, Fahmida Yasmin, Master’s Support Unit.
I replied to the High Court by email as follows:
Subject: Your letter dated 27 October 2014 Me To email@example.com 28 October 2014 at 9:01 PM To Ms Fahmida Yasmin Master’s Support Unit Royal Courts of Justice Group Queen’s Bench Division Case Management Section Room E07 Royal Courts of Justice Strand, London WC2A 2LL
28 October 2014
Dear Ms Yasmin 1. Thank you for your letter dated 27 October 2014 concerning the attached Claim Form that I submitted to the Queen’s Bench Division (ClaimForm-HighCourt(completed).pdf). 2. It is clear to me that that you have made an error when writing to me that my Claim Form should be returned because it did not have the correct fee attached. The full Court Fee of category 1.1 (h) (exceeding £15,000 but not exceeding £50,000) was already paid to the HM Courts and Tribunal Service for this Claim when it was erroneously submitted to Medway County Court (instead of the High Court) where, as time has shown, progress could not be made due to the indecision of court officials on what the law states on the technicalities of the Case with particular reference to my latest Application Notice that was processed by the Court this year (please refer to Claim No Medway County Court Case No ME010463). 3. The Court Fee of £80 that I attached to my revised Claim Form against the University of Greenwich was anticipated by me to be required in order to facilitate the transfer of the Claim from Medway County Court to the Royal Courts of Justice Group. If this Court Fee is not required, please refund the Court Fee to me immediately and grant me the permission that I have sought in the Claim Form to proceed with the Case at the High Court without delay. 4. If the Court is not satisfied that this is the proper way to proceed with my Claim and demands further Court Fees from me, I wish to have this decision made the subject of a judicial review. Yours sincerely Dr Shantanu Panigrahi (Claimant) • 1 Attachment • ClaimForm-HighCourt(completed).pdf
12 February 2015 Update: The following correspondence took place:
On Saturday, 29 November 2014, 22:18, Shan Panigrahi wrote:
To Master’s Support Unit Dear Sir/Madam Please advise if there has been any progress in the consideration of this matter. Thank you Yours sincerely Dr Shantanu Panigrahi
From: Shan Panigrahi [mailto:firstname.lastname@example.org] Sent: 20 December 2014 13:20 To: MSU Subject: Fw: Your letter dated 27 October 2014 To Master’s Support Unit Queens Bench Division
1. I am confused on the status of this matter as to whether it is still ‘active’ or has become ‘inactive’, because on 8 December Medway County Court passed a curious order in Claim ME010463 stating: ”It is ordered that The Court Order is quite clear, in the absence of any party at Court when the Claimant’s application had been listed for a hearing and the application being inmeritorious on its face in the absence of any further information the application was dismissed”. I immediately appealed this order to Medway County Court by email but did not receive a reply. Has it instead been forwarded to you to examine and pass judgement on?
2. A quick reply would be most appreciated as I am suffering real bad financial problems while the University of Greenwich continues to ignore my pleas?
Dr Shantanu Panigrahi
On Monday, 22 December 2014, 9:26, MSU wrote:
Thank you for your email, is this matter being dealt with at the Medway County Court and not with the High Court??
From: Shan Panigrahi [mailto:email@example.com] Sent: 22 December 2014 10:32 To: MSU Subject: Re: Your letter dated 27 October 2014 To Debbie MSU
1. I do not know why Medway County Court suddenly took the decision to pass the Order of 8 December 2014 when all that I had asked the Court to do earlier was to provide me with the ‘full written reasons’ for its Order of 16 October 2014 from Judge Wilkinson in order that I could consider appealing against the dismissal of the Application Notice that was the subject of that Hearing. The 8 December 2014 Order of the Court does not appear to be the ‘full written reasons’ that I had asked for as I explained in my following letter to the Court:
RE: General Form of Judgment of Order dated 8 December 2014; ME010463: Dr Shantanu Panigrahi v The University of Greenwich (2) me To firstname.lastname@example.org 9 December 2014 at 6:21 PM To The Court Manager Medway County Court Medway Civil and Family Court Anchorage House 47-67 High Street, Chatham Kent ME4 4DW Dear Sir/Madam 1. Thank you for sending me the General Form of Judgment or Order dated 8 December 2014 in Claim No ME010463 (in response presumably to my request to the Court for the full written reasons for the Order of 16 October 2014 from District Judge Wilkinson), stating: It is ordered that ‘The Court Order is quite clear, in the absence of any party at Court when the Claimant’s application had been listed for a hearing and the application being inmeritorious on its face in the absence of any further information the application was dismissed’. 2. I beg to state that this is not an adequate explanation that can be allowed to form the basis of the Order of 16 October 2014 to dismiss the application: what I have requested District Judge Wilkinson to do, as part of the full written reasons for the Order of 16 October 2014 and in order that I may consider appealing that Order, is to inform me in what way was my application ‘inmeritorious on its face’ in light of the fact all the evidence of my on-going medical treatment had been provided in the 56-page Bundle document that I submitted to the Court for the Judge to consider as the evidence needed for me to assert my employment rights under University of Greenwich own procedures, and as expressed to the University, to be placed on medical retirement instead of being subjected to the harassment of the disciplinary action that it took against me given that the University had plenty of timely notice of my medical condition from the summer of 1998. The Court was also made aware that I am still undergoing the same medical treatment (under medication) for mental illness 16 years later so that it was a chronic illness that I suffered from. On what basis was this submission of the Application Notice inmeritorious especially in the absence of a defence from the Respondent to this application? 3. I would therefore request Judge Wilkinson to immediately review his decision and make an Order that the University must pay me the approximately £10,000 medical retirement pay annually from October 1998 without the need for another Hearing. Yours sincerely Dr Shantanu Panigrahi
2. As I had stated in my Claim Form to the High Court (Queens Bench Division) Medway County Court is indecisive its judgments and decisions so that I wanted this matter to be dealt with by the High Court.
3. Please let me know how you wish to proceed with the Case.
Dr Shantanu Panigrahi
On Monday, 22 December 2014, 10:43, MSU wrote:
Was the Claim Form issued here??
From: Shan Panigrahi [mailto:email@example.com] Sent: 22 December 2014 11:23 To: MSU Subject: Re: Your letter dated 27 October 2014 To Debbie MSU
1. My 17 October 2014 Application to the High Court (Queens Bench Division) seeks the permission of the High Court to transfer the ME010463 proceedings from Medway County Court to the High Court, for which I paid the £80 Court Fee. The issue of a new Claim Form is not necessary.
2. Please let me know whether permission to hear the Case at the High Court has been granted.
Dr Shantanu Panigrahi
On Monday, 22 December 2014, 11:36, MSU wrote:
Dear Sir/Madam, Do you know when you sent us the application, have you got one of our Claim Form numbers.
From: Shan Panigrahi [mailto:firstname.lastname@example.org] Sent: 22 December 2014 12:08 To: MSU Subject: Re: Your letter dated 27 October 2014 To Debbie MSU
My Application was rightfully made on an official Claim Form and has been explained to you in the email correspondence that has since taken place. So please send me the High Court Claim No when the permission to hear the Case at the High Court is granted.
Dr Shantanu Panigrahi
On Monday, 22 December 2014, 12:19, MSU wrote:
Dear Ms Panigraphi,
Further to your emails, this Case hasn’t been sent to us.
On Monday, 22 December 2014, 14:46, Shan Panigrahi wrote:
To Debbie MSU
Shall I ask the Court Manager of Medway County Court to send this Case to you immediately?
Dr Shantanu Panigrahi
Your letter dated 27 October 2014 (3) me To email@example.com; firstname.lastname@example.org 4 February 2015 at 10:39 AM To Master Support Unit Royal Courts of Justice Group
cc. Court Manager, Medway County Court
1. Please note the following letter that I have received from Medway County Court dated 22 January 2015 on ME010463:
Dear Sir Re: Case Number ME010463 Dr Shantanu Panigrahi v The University of Greenwich We are in receipt of your email dated 9th December 2014 which has been placed before District Judge Wilkinson for her consideration. The Judge states that you failed to comply with the order of 15th May 2014 regarding a bundle of Court papers, Witness Statements and pleadings to be filed given the lapse of time since the proceedings were commenced in 2001 and the Court file having been destroyed. The documents which were submitted by the claimant demonstrates no identifiable cause of action to allow for proceedings to continue. The Judge will not answer any further request for information. If you wish to appeal the decision you should make such application on the correct appeal forms and pay the relevant fee. Yours faithfully Mr P Fitchett Courts Section Ext 7900
2. Please let me know by return post if Medway County Court is justified in denying me the information that I have requested on why my application for medical retirement by the University of Greenwich was not considered favourably by the Court despite the fact that I had submitted all the information necessary to pass a judgement on this in plenty of time for the matter to be decided by the Court in the absence of a defence.
Dr Shantanu Panigrahi
Comment: There has been no reply to the latest submission from either the Royal Courts of Justice Group or from Medway County Court.