Departmental inquiry
Sushil Wagh
(Querist) 15 November 2012
This query is : Resolved
IN A DEPARTMENTAL INQUIRY DISCIPLINARY AUTHORITY HAS RELIED UPON FORENSIC HANDWRITING EXPERTS TO BRING FORTH A CHARGE AGAINST A CHARGED EMPLOYEE. THE DOCUMENTS RELIED UPON IN THE CHARGESHEET DO NOT INCLUDE THE STAMPED AND SIGNED DOCUMENTS SENT BACK BY THE FORENSIC LAB BUT COPIES THEREOF BEFORE BEING SENT TO THE FORENSIC LAB. ALSO THE SAMPLES HANDWRITINGS SENT TO THE FORENSIC LAB BY THE DEPARTMENT HAVE ALSO NOT BEEN PROVIDED ALONG WITH DOCUMENTS IN THE CHARGESHEET NOR THERE IS ANY MENTION OF THE SAME. THE REPORT OF THE FORENSIC DEPARTMENT ALSO DOES NOT NAME THE PERSON ACCUSED IN THE CHARGESHEET. IT SIMPLY SAYS THAT THE HANDWRITINGS OF THE SAMPLES AND THE DOCUMENTS TO BE VERIFIED MATCH.
THE PROSECUTION DURING THE COURSE OF THE INQUIRY HAS NOT APPLIED OR BROUGHT ANY DOCUMENTS SUCH AS SAMPLES SENT TO THE FORENSIC LAB ON RECORD OF THE INQUIRY PROCEEDINGS NOR THE STAMPED AND SIGNED DOCUMENTS SENT FOR VERIFICATION ARE ON RECORD OF THE DEPARTMENTAL INQUIRY.
THE FORENSIC EXPERT DURING CROSS EXAMINATION HAS DENIED THE DOCUMENTS AS THAT PROVIDED ALONG WITH THE CHARGESHEET TO THE ACCUSED AS THEY DID NOT CONTAIN HIS SIGNATURE AND STAMP.
AS THE DOCUMENTS WERE NOT RELIED UPON BY THE PROSECUTION AND THE BURDEN OF PROOF IS ON THE PROSECUTION TO PROVE THE CASE. THE CHARGED EMPLOYEE DID NOT ASK FOR THE DOCUMENTS AS MENTIONED ABOVE TO CONTEST THEM AS THEY WERE NOT BROUGHT FORTH BY THE PROSECUTION TO PROVE THE CASE.
THE INQUIRY OFFICER HAS DECLARED THAT THE CASE HAS BEEN PROVED WITHOUT TAKING THESE FACTS INTO CONSIDERATION.
KINDLY HELP ME WITH THE FOLLOWING:
1. PROVIDE SOME CASE LAWS ON FORENSIC EXPERTS OPINIONS.
2. CAN DOCUMENTS NOT ON RECORD OF THE DEPARTMENTAL INQUIRY BE RELIED UPON BY THE INQUIRY OFFICER TO PROVE THE CASE AGAINST THE CHARGED EMPLOYEE.
3. PLEASE HELP HOW TO GO IN APPEAL TO THE APPEALATE AUTHORITY IN THIS CASE
4, WHAT ARE THE OTHER AVENUES FOR THE CHARGED EMPLOYEE TO SEEK JUSTICE AS SHE HAS BEEN TERMINATED FROM SERVICE.
THANKING YOU,
WITH REGARDS,
SUSHIL WAGH
LAW STUDENT
Sudhir Kumar, Advocate
(Expert) 15 November 2012
repeated query from
http://www.lawyersclubindia.com/forum/Departmental-inquiry-69837.asp#.UKQMRmfRDWM
R.K Nanda
(Expert) 15 November 2012
repeated query.
Sushil Wagh
(Querist) 15 November 2012
Since the reply in the normal forum was not in totality I have put this query to experts.
Guest
(Expert) 15 November 2012
Dear Wagh,
As a law student, it is not understood how you are concerned with the departmental inquiry when even appeal is yet to be submitted to the appellate authority? Any legal angle can come to fore only when the case is filed in the CAT or State Administrative Tribunal, as the case may be. Even at this stage of appeal to the appellate authority, no case law can help the charged official/officer, as only departmental procedures can be taken care of by the appellate authority.
Sudhir Kumar, Advocate
(Expert) 15 November 2012
Deptt inquiry is a detailed procedure and cannot just of described on the net
Sushil Wagh
(Querist) 16 November 2012
I as a law student an helping the charged employee in finding lacunae in the disciplinary proceedings and the procedure followed by the management.
Further we are preparing for court case after the appeal. The appellate authority is also a signatory in the file noting along with the Disciplinary Authority in deciding the quantum of punishment to the charged employee. Hence the appeal reply is a forgone conclusion.
The appeal will merely be a procedure.
Guest
(Expert) 16 November 2012
Dear Wagh,
The lacunae you can find only after going through the procedings vis-a-vis the rules of the concerned Government/organisation on Conduct, Discipline and inquiry Rules prescribed for the employees of the organisation. These lacunae cannot be anticipated without going through the related documents of inquiry, i.e., the daily order sheets, evidence by witnesses, listed documents, defence documents, etc.
Further, court case can also not be prepared in anticipation of the outcome of the appeal unless you find any lapse on the part of the appellate authority.
Mere being signatory of the appellate authority on the quantum of punishment cannot be the deciding factor unless the nature of contribution or approval of penalty on the part of the appellate authority is known.
V R SHROFF
(Expert) 16 November 2012
trade union/ professional Labour Law Adv should be consulted.
Sudhir Kumar, Advocate
(Expert) 17 November 2012
appeal has to be filed within 46 days. There is no time for you to learn the rule and then draft the appeal.
In case Appellate Authority is party top penalty then it cannot function the appeal shall lie to next authority.
Raj Kumar Makkad
(Expert) 19 November 2012
Dhingra g has perfectly attended your query t which I also make second.
