departmental proceedings
S.B.adil rahman
(Querist) 20 January 2011
This query is : Resolved
In a departmental proceedings the charged officer is being proceeded against under West Best Bengal CCA rules 1971 which is not applicable upon him. He is guided by his departmental regulations and proceeding should have been initiated under the same rule. But inspite of specific representation given to the disciplinary authority bringing the error under his notice,he did not act. What will be the fate of the proceedings drwan under the rule which is not applicable upon the delinquent? What remedy is available to him if he is punished by the disciplinary authority based on the findings of such proceeding? Kindly advice with the relevant case law,if any.Whether he can claim any compensation from the Government for keeping him entangled in the proceeding for the last 4 years denying him the promotion and also by not adopting the sealed cover procedure? be it mentioned that his seniority has been consumed by the Government as no vacancy was kept reserved for him and he has been made juniors to his juniors who have been promoted to the higher rank.
Devajyoti Barman
(Expert) 20 January 2011
He can challenge such acts in SAT or a Writ to let him serve freely. The decisions do not have any blanket applcation.
