Whether possible to go in administrative tribunal
ajayanna
(Querist) 06 November 2013
This query is : Resolved
One transport dept officer is included in anti corruption trap case. though he did not demanded or accepted money, his name was included due to agents statement. since more than one year he is under suspension. anti corruption bureau has not filed chargesheet in court or nor demanded permission to govt to prosecute him. so can he move to administrative tribunal against suspension? because offence registered before one year three months. he was suspended after three months after registration of offence. now no chargesheet after one year three months., he is still under suspension. can he go to admn.tribunal against suspension to get justice. because period stipulated for enquiry,investigation is six months and that is already over.
Raj Kumar Makkad
(Expert) 06 November 2013
First of all he should make a demand to his department to revoke his suspension and to drop the disciplinary proceeding against him failing which he may approach to the Tribunal.
P. Venu
(Expert) 06 November 2013
There are provisions to file statutory appeal against suspension.
Thyagarajan
(Expert) 06 November 2013
silence over such a long period after suspension may amount to acceptance of guilt.
Contact local lawyer to draft an appeal to the department mentioning suspension was illegal.
Sudhir Kumar, Advocate
(Expert) 06 November 2013
if the suspension is not reviewed then regardless of appeal you can go to tribunal but on limited question of suspension.
Rajendra K Goyal
(Expert) 06 November 2013
Well advised by the expert, nothing more to add.
Raj Kumar Makkad
(Expert) 06 November 2013
Long silence over suspension ipso facto do not conclude that you have accepted the guilt. Even guilt is told through charge-sheet so there is no question of acceptance.
Thyagarajan
(Expert) 06 November 2013
With due regards to Expert Raj Kumar I would say a quick challenge of suspension will be healthy as suspension involves monitory loss.
