Baseless suspension order

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.

Follow Query

Report Abuse

Quick Summary

A public servant suspended without cause, later found innocent by an inquiry, is seeking to know if they can initiate criminal proceedings against the issuing authority. Experts suggest that while direct criminal proceedings under section 167 might not be applicable, the servant can file a departmental representation for harassment and mental agony, potentially claiming compensation. For severe cases of malice, civil court action for damages within 12 months is also an option, though a definitive opinion requires reviewing specific documents.

kavksatyanarayana (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.

P. Venu (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,

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries