Departmental Enquiry.
Syed Sadiq Hussain
(Querist) 04 December 2016
This query is : Resolved
I was placed under suspension by an order dated 24/02/2012. Thereby, as per the order dated 02/03/2012, the suspension order was revoked suo moto by the authority which had ordered the suspension.
According to circular instructions of the Government under which I am working, an order of suspension will not come into effect unless the concerned employee is relinquished of his duties and he hands over the charge of his post.
However, the head of my office had never relieved from my duties on and after the suspension but before the date of my reinstatement. The head of my office was punished, by means of his transfer, on the charge of allowing me to attend my duties even after the order of my suspension. This aspect is covered in the order of his transfer, issued on 25/05/2012, i.e. after the expiry of a period of 3 months from the date of suspension order.
A false charge of unauthorised absence was made against me. The same is held to be proved by the EO, based on the oral witness of an officer immediately superior to the head of my office. Attendance Register was neither included in the Annexure-3, list of documentary evidences, nor was summoned by the EO during Enquiry.
Similarly, one more charge was made against me to the effect that an officer of the office of the Head of my Department had conducted an inspection of accounts of the office in which I was working and I had refused to produce the concerned records for inspection.
The alleged inspection was conducted on 22/03/2012. On that date the Head of my office was not present. Accordingly, the officer had deposed before the EO, stating that he was out of station from 22/03/2011 to 26/03/2011. As such, he was unaware of the incidence took place on 22/03/2012.
Quite contrary to this statement, another PW has deposed against me stating that he was accompanying the inspecting officer during the inspection conducted on 22/03/2012. The Head of my office was also present thereat. He had asked the Head of my office to produce the record for inspection. Accordingly, the Head of my office had replied him that I was the custodian of the records.
The said PW was the employee of the office of the Head of my Department, situated State Head Quarter, 500kms away from the place of incidence. As per the Attendance Register of the office in which he was working he was present on his routine duty on 22/03/2011.
The Travelling Allowance Bills of the Inspecting Officer reveal that the person who was accompanying him during the alleged inspection, was a person quite different from the person who had deposed against me before the EO.
In fact, the entire proceedings were carried against me in an inherently conspiratory manner, with the collusion of the Disciplinary Authority, the EO, and the PWs.
Therefore, the experts may be pleased to guide me about the remedy to be sought by me, since I have been retired from service compulsorily from 24/05/2015 and the Appeal preferred by me during Aug-2015 itself is yet to be disposed of by the Appellate Authority.
Rajendra K Goyal
(Expert) 04 December 2016
Request in writing to the appellate authority to decide the appeal.
Guest
(Expert) 04 December 2016
You will have to wait for the decision of the appellate authority on your appeal before you can approach to the competent CAT/ SAT or court of law, as the case may be. In the meanwhile, you can send reminder to the appellate authority to expedite issue of his decision on your appeal.
Before that, even if your try to file any case in the CAT/SAT/Court, you can only expect the court to issue order for the appellate authority to expedite decision on your appeal within some stipulated date, nothing else.
Rest depends upon the detailed examination of the documents pertaining to your inquiry proceedings by some service laws expert. The documents to be examined would include the evidence adduced during the inquiry proceedings, PO Brief, Defence Brief, Inquiry Report, Reoresentation against the inquiry report, Decision of the Discipolinary Authority to award punishment to you, appeal filed, all with specific referencde to the contents the Charge Sheet.
Dr J C Vashista
(Expert) 06 December 2016
Too long a story and not a query to be opined and advised, consult a local lawyer practicing in service matters.
Rajendra K Goyal
(Expert) 06 December 2016
Properly addressed by the expert P.S. Dhingra, agree to it.
Guest
(Expert) 06 December 2016
Thanks for agreeing with me.
