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Ramakrishnaraju (Asst.)     07 August 2012

Govt. departmental inquiry

I've been asked to defend the case  by the  delinquent employee (colleague).  I would like to know more about the the generalities before taking up the case.  1. Whether the employee can be charge sheeted without any preliminary inquiry and if the preliminary inquiry has been held whether the individual should be called or not to explain his position .   If a general discussion was made with the employee  without giving an iota of doubt, whether the same can be construed as departmental inquiry.  In the Govt. Department, the official who is doing the preliminary inquiry, touring to another place , how the tour will be issued by the Head of the Department.  Can the Department Head need not mention about the reason for the tour or it should be made in the tour order that he has been ordered to visit  another place for  preliminary inquiry.   Your learned views are solicited.



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 1 Replies

Sudhir Kumar, Advocate (Advocate)     11 August 2012

https://www.lawyersclubindia.com/forum/Govt-departmental-inquiry-63638.asp

 

https://www.lawyersclubindia.com/forum/Govt-departmental-inquiry-63631.asp

 

You questions

 

1.    Whether the employee can be charge sheeted without any preliminary inquiry and if the preliminary inquiry has been held whether the individual should be called or not to explain his position .  

 

Ans :    Preliminary inquiry is not mandatory.  Some deptts have made this a policy to do so.

 

2.      If a general discussion was made with the employee  without giving an iota of doubt, whether the same can be construed as departmental inquiry.  

 

Ans :    no it is not depttl inquiry. Deptll inquiry is made on summon base don a chargesheet .  Such discussion can be basis of a chargehsheet.

 

3.      In the Govt. Department, the official who is doing the preliminary inquiry, touring to another place , how the tour will be issued by the Head of the Department.  

 

Ans : It is not clear what do you mean.

 

4.      Can the Department Head need not mention about the reason for the tour or it should be made in the tour order that he has been ordered to visit  another place for  preliminary inquiry.  

 

Ans : It is not clear what do you mean.

 


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