Non finalising of the Enquiry
b. sudhakar
(Querist) 04 January 2011
This query is : Resolved
A chargesheet was issued on 07.01.2008 by an officer who was on long leave (i.e. from 01.06.2007 to 10.12.2007) regarding pending of works during his absence period.
For the above period there was an incharge officer of the same cadre to look after the officer works of the department. He has not issued any letter in his period to me.
The enquiry proceedings were started on 01.02.2008 and not finalized till date. The officer who issued chargesheet was transfer to another area and even enquiry officer and presenting officer were also transferred.
Now from one and half year there was no enquiry proceeding at all.
On my promotion has Jr.Forest Assistant(Supervisory cadre) was reported at Bhupalpalli on 07.05.2007 and confirmation period was completed by 07th November 2007 and there was no extension of my probationary period by the competent authority till date due to which my annual increments of 2007, 2008, 2009, 2010 are due.
In the above, I am losing my annual increments and becoming Junior in promotion policy.
Hence kindly advise legally proceed.
Ajay Bansal
(Expert) 04 January 2011
YOU MAY FILE A CIVIL SUIT FOR MANDATORY INJUNCTION FOR ISSUANCE A DIRECTION OF SPEEDY DISPOSAL OF SAID PROCEEDINGS BY YOUR DEPARTMENT.NOTHING ELSE CAN BE DONE BY YOU AT THIS STAGE.
Ahmed Daud Girach
(Expert) 05 January 2011
regarding your querry your words are as under.
author : b. sudhakar
Posted On
04 January 2011
A chargesheet was issued on 07.01.2008 by an officer who was on long leave (i.e. from 01.06.2007 to 10.12.2007) regarding pending of works during his absence period.
On my promotion has Jr.Forest Assistant(Supervisory cadre) was reported at Bhupalpalli on 07.05.2007 and confirmation period was completed by 07th November 2007 and there was no extension of my probationary period by the competent authority till date due to which my annual increments of 2007, 2008, 2009, 2010 are due.
My comments.
On your promotion to the post of Jr.Forest Assistant(Supervisory cadre) you reported on 7.5.2007 and your boss was on leave from 1/6/2007 to 10/12/2007 and charge was given to another fellow.See u are in Supervisory cadre I assume that of a head clerk level a class III employee in government cadres.Chargesheet issing authority noramally remains a class I officer.What I mean to say is you are a class three employee and in supervisory cadre you should have completed your work in timetaking work from subordinates and putup files in the signature of competent authority i.e.the person who was given charge.I am sorry to say your attitude seems to be negative as your department means your boss and clleagues have no sympathy for you as your increments even are not issued. Now so far as legality is concerned as per department point of view your increment are not released because your chrgesheet is pending.But as per various courts decision increment can not be stopped pending inquiry.You may refer your service rules I assume you to be a government employee you see your ccs rules u will find out provision that increment can not be stopped pending inquiry.Further my suggestion is to move highcourt immediately on two counts.1.to finalise the cs within one month and 2.Release the increment immediately because simple pending work is only charge so punishment can not be more than stoppage of one increment
with or without effect .I prefer highcourt because of effective remedy and if you are a government servant civil court has no jurisdiction as there will be tribunalof government employees,If you are not covered under tribunal than you may go to civil court.
Further if your juniors are promoted then go to highcourt after punishment order is issed and appeal and Appeeal proceedings are over.
Promotioncan not be held up because one should not get double punishment i.e.stoppage of increment and secondly debarring promotion.So go to highcourt AFTER PUNISHMENT ORDER immediately otherwise you will remain far behind and your juniors will be promoted
Last but not the least cooperate in inquiry proceedings and continuously write higher offices to finalise the inquiry.
And one pratical suggestion create good and helping nature and ask your heart itself that why this chargesheet to me only and increments stopped for me only?Most of the employee almost all other than me are not suffering ?I fear it is due to your nature.Improve your nature if you have disturbed feeling of higher authority go ahead and beg pardon and get your and his heart clean.This is result of my 33 years HR experience.See your self if you will not improve and your sour feeling continues wait for another chargesheet to come.In government nobody bothers for pending work BUT it matters when you through file on your boss and say I will not do it Do whatever you like.And Boss will do whatever he likes .Means issue you chargesheet for which he isfully authorised.Even officer higher than that will not tell him any thing except the matter comes within their perview in appeal. And further cooperate in Inquiry proceedings and see dalay is not on your part as CHARGESHEET NEVER DIES OF OLD AGE!
