Departmental enquire
Vaseem Mustafa
(Querist) 03 September 2013
This query is : Resolved
Sir/Madam,
I divorced my wife as per Muslim personal law as we are both Muslims. Then sermonised second after divorce. Then my wife submitted an application to my Head of Department that I have violated Service rules & should be punished under Bigamy, so an departmental enquire was constituted were I submitted my report & the enquire officer forwarded that I have divorced my wife & contracted second marriage after divorce.
Now my query is that can my department go for another similar enquiry headed by some other administrative head of my department.
Guest
(Expert) 03 September 2013
Initial investigation on complaint and the departmental inquiry are two different events. While investigation is made by an investigating officer just to find whether there is any substance in the complaint worth setting up a departmental inquiry or not. On the other hand, if on recommendation of the investigating officer the disciplinary authority considers that the offence has been committed, he can order for departmental inquiry against the employee where the employee is given opportunity to defend himself against the charge.
So, what you are talking about seems to be just an initial investigation made so far. If the disciplinary authority is not convinced on your statement, he can order for holding of a formal and full fledged departmental inquiry.
Rajendra K Goyal
(Expert) 04 September 2013
Well advised by the expert PS Dhingra ji, nothing more to add.
Vaseem Mustafa
(Querist) 04 September 2013
Sir,
My head of Department directed my Superintending Engineer to conduct the enquire about my case & submit the factual report. The concerned officer summoned me & I submitted in writing my factual position. The concerned officer forwarded it with the remarks that he has not done bigamy as he has divorced his first wife before contracting second marriage. As it was an enquire as per direction of HOD.In view of that fact my query is that can my department go for another similar enquiry headed by some other administrative head of my department.
Guest
(Expert) 04 September 2013
Another departmental inquiry would not be ordered if the HOD is convinced about the report of yourSE subject to the condition if your divorce is actually according to the Muslim Personal Laws.
Sudhir Kumar, Advocate
(Expert) 05 September 2013
it appears that so far invetigtion is going on and there is no chargehseet as yet. Since there is no chargesheet there cannot be any deptt inquiry.
If you have married after divorce then you have no misconduct does not matter how many times the matter is re-investigated.
Sudhir Kumar, Advocate
(Expert) 14 September 2013
I am placing part of my advise during PM so that other experts could agree or disagree with me.
"You have to get in touch with some service law expert. You may not even be understanding difference between cahrgesheet and explanation call.
In case any chargehseet has been issued by appointing authority you cannot be promoted till either it is dropped or you finish penalty period.
By the way what evidence you have that you are divorced.
Sudhir Kumar, Advocate
(Expert) 14 September 2013
in other thread http://www.lawyersclubindia.com/experts/406-422201.asp
you described that criminal case is also filed. This case will affect promotion.
