Violation of Natural Justice

arya mhetre (Querist) 04 August 2016 This query is : Resolved
Disciplinary Authority has initiated Disciplinary Inquiry and appointed Inquiry Officer. During the inquiry said Inquiry Officer has rejected to accept some relevant Defence document to defend the case. An application has been made to disciplinary Authority as well as applet Authority to terminate the said Inquiry Officer being BIAS minded. But all these authorities has rejected the application. Whether the Petition may be filed in High Court as violation of Natural Justice

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R.K Nanda (Expert) 04 August 2016
U can file writ petition in high Court.

arya mhetre (Querist) 04 August 2016
But the inquiry is still not completed. Is it possible to file w.p. in pendency of inquiry

Kumar Doab (Expert) 04 August 2016
You have pointed out bias on record and it has been denied on record.

You have demanded to terminate the IO; terminate the employment of IO?

OR

You have demanded to change the IO?

Whatever it was, it has been declined to you on record.

Your contention was to get the documents required for defense accepted?

Have these documents been accepted?

It is guessed from your query that you have probably not engaged a very able counsel specializing in service matters to counsel you and also aver able 'Defense Assistant'.

You may prefer both.

Rest is upto you.

arya mhetre (Querist) 04 August 2016
Defence Assistant Is taken and as per his advice application submitted to terminate/ change the inquiry officer. Documents which are denyed to admit in inquiry are relevant and important

Guest (Expert) 04 August 2016
Mr. Arya Mhetre,

Are you the charge sheeted official? If not what is your concern with the case.

Of course it can be said that the defence assistant of the case is quite incompetent to handle the case or to convince the I.O. about the genuineness of the documents.

It is not understood, how the question of violation of ntural justice has arisen at very initial stage of the case?

Rajendra K Goyal (Expert) 04 August 2016
You can submit the documents once again in writing mentioning that the documents are necessary part of defense and need to be accepted and made part of proceedings. If the request is declined and the fact is part of proceedings, you have good point to appeal if punished.

If inquiry officer refuse to make the fact as part of proceedings, you should submit the same to disciplinarian authority.

Kumar Doab (Expert) 04 August 2016
Submit everything under proper acknowledgment.

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