Daljit Singh Mann
(Querist) 24 September 2022
This query is : Resolved
Public servant was placed under suspension without reason. Departmental inquiry report shows that public servant is innocent and even no charge is proved against him. Now question is that whether public servant can initiate criminal proceedings under section 167 against the authority issuing baseless and vague suspension order.
(Expert) 24 September 2022
No. If you have any grievances, you may submit representation stating full facts to the appellate authority of your department.
Dr J C Vashista
(Expert) 25 September 2022
I agree with the opinion and advise of expert Mr. Kavksatyanarayana. You may submit your departmental representation qua false accusation, harassment and mental agony suffered by you, claiming compensation.
(Expert) 06 October 2022
No definite opinion is possible unless the charge-memo, inquiry report and final order exonerating the public servant is perused.
If there is manifest malice in law, the remedy lies in approaching a civil court to claim damages. The limitation period for filing such a suit is 12 months,