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departmental enquiry

(Querist) 08 October 2019 This query is : Resolved 
Sir,

I have filed the writ petition challenging dismissal order. before dismissal charge sheet was issued enquiry conducted. my prayer in WP was only reinstatement, I have not paryed to quash departmental enquiry.


my question is this necessary to pray to quash the enquiry along with quash dismissal order.


Thanks
harish
PARDEEP KUMAR (Expert) 09 October 2019
Though you haven't placed requisite details to have proper advice, still the answer to your question is YES
Guest (Expert) 09 October 2019
Your query is like as if you want to scale the height of a building merely by jumping from the ground, and not by using stare case to reach to the top of the building.

In the absence of the brief description of the disciplinary case/Article of the Charge, findings of the Inquiring Authority in departmental inquiry, whether you appealed or not against the penalty order to the appellate authority with outcome of the appeal before filing WP, along with the opinion of your own lawyer, I can pretty well say that no expert can advise you appropriately.

So, in such an uncertain situation, answer can be any, yes or no.

But, if you have not exhausted the departmental channels up to the stage of appeal/ review, it can be said with certainty that the success in your case may not be guaranted even by your lawyer.

kavksatyanarayana (Expert) 09 October 2019
Ji, your inputs are not clear. to my understanding, if you made appeal to the highest authority/Government, then you may file WP for dismissal order only.
Guest (Expert) 10 October 2019
@ KAVK Satryanarayana, the expert above may like to make a review of his advice

In the hierarchy of disciplinary proceedings, appeal to highest authority has no relevance. Appeal or Review petition has to be submitted only to the designated Appellate Authority or the Reviewing Authority. Otherwise, appeal or review petition gets rejected, having not addressed to the correct designated authority.
krishna mohan (Expert) 11 October 2019
If dismissal order issued after proper enquiry by taking into account your submissions and defense and filed case in jurisdictional high court by your lawyer, you need to discuss with him on the merits as he is aware of the facts and law position. Without any facts, it is not correct to expect yes or no from experts. I endporse Shri Dhingrajis views.
Guest (Expert) 11 October 2019
@Krishna Mohan,
Thank you dear for endorsing my views.


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