Criminal n civil query

Querist : Anonymous (Querist) 08 October 2020 This query is : Resolved
The Petitioner is an employee of BSES Yamuna Power Limited (being a transferee employee from “Delhi Vidyut Board” upon its unbundling into five successor entities and BSES Yamuna Power is one of them. Vigilance seized document of Petitioner on 10-01-2013, saying that one of my sub ordinate has taken bribe on my direction on 09.01.2013. Petitioner was promoted as Dy. General Manager (Look After) on 21.04.2014. Petitioner was issued a Charge-Memo dated 24-11-2014 w.r.t. incident took place on 09.01.2013, which was challenged on ground of jurisdiction by way of writ petition in high court, LPA, SLP & review, but all were dismissed, but confirming rules applicable to complainant w.r.t. FRSR & disciplinary proceedings. Petitioner appeared in enquiry, which was completed with lack of statutory provisions in 52 months i.e. complete listed documents not provided, all defense documents & none witness allowed, not allowed to complete the X-examination of Investigation Officer, one PW dropped arbitrarily. Amid inquiry officer completed prosecution case and closed the enquiry without giving chance for defense case to Portioner. Petitioner filed writ in high court challenging arbitrary order for submitting brief without conducting defense case, said matter has been ruled with direction that enquiry outcome would be subject to result of writ. Enquiry officer declared all the charges stand proved without mentioning defense case in his enquiry report. Petitioner filed representation against report of enquiry officer, but same was not considered. Consequently, so called disputed disciplinary authority-imposed penalty of stoppage of 4 annual increments on cumulative basis through penalty order dated 16-07.2019, which was neither self-contained & reasoned nor speaking order. Thereafter Petitioner filed revisionary petition against penalty order to Appellate Authority. Appellate Authority enhanced penalty to compulsory retirement. Then petitioner asked to supply schedule of delegation of disciplinary/appellate/revising authority through written request, but none of document was supplied. Thereafter appellate/revisionary authority revoked order of compulsory retirement and earlier penalty was kept in force. Amid two more fabricated charge memos have been issued to complainant for misbehave with enquiry officer in first case on 16.07.2019 and another for slapping and saying cast related words to a lineman on 28.05.2020. Being an employee, the Complainant has requested vide many written requests to Accused Persons to supply the copy of Notification of the Schedule for delegation of Disciplinary / Appellate authorities to deal with proceedings of Disciplinary / Vigilance nature, but the Respondent has failed to supply the requisite document. And without any authority Accused No-2 has issued several adverse orders against the Complainant with mala fide, which has arisen tortuous liability of the Accused Persons. The complainant also filed RTI to holding company to supply schedule of delegation of disciplinary/appellate/revisionary power w.r.t. successor entities of DVB & DVB, they supplied for all except BSES YPL, giving reason same is not available with the holding company. The Complainant also lodged complaint with the Commissioner of Police Delhi and SHO, Police Station Anand Vihar Delhi but no response hence filed complaint before Hon’ble Chief Metropolitan Magistrate. My query is that Magistrate is asking for IPC n CRPC, which I don,t know. Further where can I approach under which ipc, constitution to punish culprit and to set aside illegal order, for damages n defamation. I m from Delhi. with regards

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An employee of BSES Yamuna Power Limited is seeking advice on criminal and civil proceedings after facing a lengthy and allegedly unfair disciplinary process. The employee was accused of bribery, faced multiple charge memos, and claims the inquiry and subsequent penalties were arbitrary and lacked proper procedure. They are now asking for guidance on which sections of the IPC and CrPC to use, where to seek redress for punishment, damages, and defamation, and how to challenge illegal orders.

P. Venu (Expert) 09 October 2020
Too long a story; no definite suggestion is possible unless the materials are perused and issues discussed. Moreover, there appears to be more than one charge-memo and disciplinary proceedings. Each one of them, may be interrelated, needs to dealt on their own merits.

Any issue as to harassment or hardships could be taken up only after the proceedings are taken to their logical conclusion and the charges are proved to be misconceived.

Were the proceedings conducted under the provisions of CCS(CCA) Rules, 1965?

Isaac Gabriel (Expert) 09 October 2020
Punishment awarded, but did you make appeal to the Appellate Authority? What was the result. You need to complete the deparental procedures before knocking the doors of the judiciary.

Rajendra K Goyal (Expert) 10 October 2020
Full case file and documents need to be referred, discuss with local lawyer expert in service matters.

Dr J C Vashista (Expert) 11 October 2020
Mr./Ms. Anonymous,
Be brief and specific for consideration and obligation of experts.
It would be better to disclose your identity before a local prudent lawyer with relevant records for analyses of facts/ documents, professional guidance and necessary proceeding.
If you are located in Delhi and feel so, may contact me with relevant records (on appointment) for professional consultancy and proceeding at Chamber No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit: JCV India.com

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