Regading inquiry officer


Sir/Madam

It is informed that the Disciplinary Authority has proposed to hold an enquiry against  a government employee and appointed an Inquiry Officer and a Presenting Officer.  The said Inquiry Officer is not working under the control of Disciplinary Authority and the Presenting Officer is the reason for holding the enquiry against the  employee. Charged Officer is challenging the appointment of the Inquiry Officer and the Presenting Officer.  Now how the justice can be done to the employee.

Reagrds

Vikram Kumar Saathiri

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Authority will appoint an other officer for enquiry.


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SC says that inquiry be started within 90 days. The tussle between management is their problem, which may be sorted out shortly. Have you been ordered to be suspended and the subsistence allowance paid, pending the inquiry?

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Thank You For The Suggestion

 

 
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Thank You For The Advise Sir. The Article Of Charges Have Been Framed In December 2018 And The Employee Has Not Been Suspended.  The Issue Here Is The Charged Officer Has Objected The Process Being Followed In Ration Card Enquiries In A Meeting Held By The Controlling Officer In The Month Of August 2018.  The Controlling Officer Has Ordered For Framing Charges Against The Employee For Misbehaviour Against Higher Officials. No Action Has Been Taken On The Note.  Later, The Said Officer Has Proceeded On Long Leave And Successor Who Was Not Present In The Meeting Has Framed Article Of Charges Against The Employee In The Month Of December 2019, i.e., After A Lapse Of Four Months.  Later, The Second Officer Was Relieved From Duties and A New Officer Who Assumed Charge Has Called The Employee For Hearing In The Month Of July 2019 And Taken The Statement Of The Employee  In Writing.  Further, When The Article Of Charges Where Framed In The Month Of December 2018, The Employee Has Not Been Provided With Any Documentary Evidences From The Office, But Were Given To The Employee In The Month Of July 2019, When He Raised About The Issue Before The Disciplinary Authority.

 
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Dy Director

Originally posted by : Vikram Kumar Saathiri
Sir/Madam

It is informed that the Disciplinary Authority has proposed to hold an enquiry against  a government employee and appointed an Inquiry Officer and a Presenting Officer.  The said Inquiry Officer is not working under the control of Disciplinary Authority and the Presenting Officer is the reason for holding the enquiry against the  employee. Charged Officer is challenging the appointment of the Inquiry Officer and the Presenting Officer.  Now how the justice can be done to the employee.

Reagrds

Vikram Kumar Saathiri

 

 

The said Inquiry Officer is not working under the control of Disciplinary Authority and the Presenting Officer

 

SO what?

What is your porpblem if an independet IO is appointed wjho  cannot be influednced by management beinhg an outsider.

 

There is no rule that the IO must of reporting to the Disciplinary authority.

 

None can even imagine an IO being a functionalry below PO as PO is required to appear before him.


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Dy Director

Originally posted by : Vikram Kumar Saathiri
Sir/Madam

It is informed that the Disciplinary Authority has proposed to hold an enquiry against  a government employee and appointed an Inquiry Officer and a Presenting Officer.  The said Inquiry Officer is not working under the control of Disciplinary Authority and the Presenting Officer is the reason for holding the enquiry against the  employee. Charged Officer is challenging the appointment of the Inquiry Officer and the Presenting Officer.  Now how the justice can be done to the employee.

Reagrds

Vikram Kumar Saathiri

 

 

Charged Officer is challenging the appointment of the Inquiry Officer and the Presenting Officer.

 

On what ground?

In any case apointment of IO can be challnge don the ground of bias (no other ground) there is no scope for PO to be challanged as he is never supposed to be unbiased. (unless you are yet to disclose more facts.


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Dy Director

Originally posted by : Rama chary Rachakonda
Authority will appoint an other officer for enquiry.

 

 

I am sorry.  I am not able to agree.  In most of the caswes DA doe snot change IO as there is a tendancy in Govt functionaries to be adamant to the deciswion once taken sitting on Govt chair.  In this case he has not indicated anuy tangible and cogent reasons for change of IO.


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Thank You Sir, 

 
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Thank You Sir

 
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