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Ajay Raj singh   25 August 2017

Disciplinary authority

Can disciplinary authority in any case can be changed? For example one charge sheet is issued by some officer and the inquiry is set up against the delinquent official by some other officer although the officer who issued the charge sheet still in the service and at the same head quarter


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 24 Replies


(Guest)

Case history is necessary to be discussed for the purpose of arriving at some appropriate opinion.

 

surendra prakash agrawal (advocate)     27 August 2017

In quasi judicial Inquiry,management is empowered to change Disciplinary Authority, Presenting Officer, Inquiry Officer and Defense Representative several times even frequently whereas Charge sheeted Officer or Employee and Management will remain unchanged.
Advocate SURENDRA PRAKASH AGRAWAL M-7830776602 FOR ANY FURTHER QUERY.  

darshil   28 August 2017

Sir ,

I have been terminated from the company on disciplinary actions , they have not mentioned any reasons to me . But I know on what basis they have taken the action . Chatting with some employee can be termed as derogratry ? there arent any vulgar messages , nor any s*xual harrasment messages , nothing as such...

what should I do in this case ? How should I proceed further ? 

 


(Guest)
Originally posted by : darshil
Sir ,

I have been terminated from the company on disciplinary actions , they have not mentioned any reasons to me . But I know on what basis they have taken the action . Chatting with some employee can be termed as derogratry ? there arent any vulgar messages , nor any s*xual harrasment messages , nothing as such...

what should I do in this case ? How should I proceed further ? 

 

 

Submit an appeal to the competent appellate authority of the department.

 


(Guest)

Rightly advised by Mr. Jigyasu.

 

darshil   30 August 2017

Sir ,

Case history goes like this ...

I had a some friendly conversation with the employee ...those were not derogatory chats , it was a friendly encounter between the two people with mutual understanding 

Having said this , there weren't any vulguar conversations ... I wasn't given any statement from the mgmt of company.. further , they found the chats by scrutinizing it, and told me that disciplinary action is taken against me ( on a phone call ) 

I mean , was not given a chance to have a word also ... 

Let me know , how to proceed further ...

 


(Guest)

Mr. Darshil,

How your descripttion has any link with the query of Mr. Ajay raj Singh.

Further, your discussion in the name of case history does not speak anything about the nature of action & procedure adopted by the autorities for initiating disciplinary action against you with the exact charge against you and whether any SCN or charge sheet has been issued against you or not along with the present status of the case.

You may better show the case related documents to some local expert for proper guidance, as communication gap and your own thought perception may only tend to wastage of time of the experts here.

 

Sudhir Kumar, Advocate (Advocate)     02 September 2017

you want advise in disciplinary matter without indicating whethe rthis is govet employment or not.


(Guest)

From very hazy replies of the querist, I doubt, if he has any such problem in reality!

 

darshil   03 September 2017

Hi Sir , 

First thing , i had only received one email from the management that my services has been terinated on disciplinary grounds...

Second thing , no clarifications given why this has been done ... 

Third , no one to one meeting was conducted , further havent been given any warning before... 

I was chatting with some daughter of boss on skype ...they found that the conversations were not good....But to be honest , I havent had any vulgar or any derogratry chats with the girl... Further , the chats were very friendly in nature ...there was mutual understanding between the two of us to have friendly conversations ...

I have never tried to blackmail her nor there were any s*xual conversations ... 

I have been one of the top performer in my team ...havent had any bad track record 

What case history I mean is required in this : 

Two people were talking on skype on friendly terms ... one day management found that this is not good , so they terminated me ... the lady is working ( she is daughter of boss ) 

No warning , nothing of that sort ...

I havent been able to clarify my point..they say that If I enter the office they will file a case ... 

WHAT should I do now...

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     03 September 2017

You still chose to hide vital facts.

darshil   03 September 2017

Why will I hide the facts? The query which I have posted is 100 percent correct there are no hidden facts.. I have the screen shot of the chats also which I will reveal later

(Guest)
Originally posted by : darshil
Why will I hide the facts?

The query which I have posted is 100 percent correct there are no hidden facts..

I have the screen shot of the chats also which I will reveal later

 

Mr. Darshil,

These experienced experts can smell what is A case history and what is hyothetical story. When you don't have appropriate background of the case that clrearly reveal that you don't have any such problem to face.

If you really face any such problem, you may better discuss personally with some local expert by showing all your case related documents. ANY QUERY OF CASUAL NATURE, LIKE YOURS, MAY NOT HELP YOU IN ANY WAY, AS AS THESE CASES HAVE REALLY LONG LASTING EFFECT, IF NOT HANDLED EFFECTIVELY FROM THE VERY INITIAL STAGE.

For the purpose of solution, they don't need screenshot of chat, but the contents of documents pertaining to your termination along with terms of your appointment. 

 

darshil   04 September 2017

I won't gain anything by hiding the truth.. This is the question of my termination, why will I fake a story? It's hard to believe I have been dismissed saying that u were chatting with boss daughter on Skype.. I know it's a joke but that's the truth.. That's the problem in India people don't take u seriously.. Even if you have explained the case few times

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