Disciplinary proceedings

Sanjay Singhal (Querist) 22 December 2011 This query is : Resolved
I have been chargesheeted along with four other officers in same case. Chargesheets in case of other four officers have been quashed by CAT on grounds of delay in issuance. In my case, since i was able to complete the Inquiry, CAT directed department to complete proceedings within 2 months. Now department has filed Misc Petition seeking 6 month extension of time. In my reply, can i plead relief seeking quashing of chargesheet on grounds of delay, as per orders of Co-ordinate Benches or I have to file fresh petition or Contempt petition seeking review and quashing of chargesheet on grounds of delay.

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Sudhir Kumar, Advocate (Expert) 23 December 2011
The correctness of advise will depend upon the pleadings you made before the CAT inearlier case and that the difference in your case and other cases. Such details cannot be elicited on this thread.

Raj Kumar Makkad (Expert) 23 December 2011
You are expected to oppose the application filed by department rather filing a separate contempt of court because this is the legal right of the department to seek extension of time for further proceeding. You can cite every ground available to you while replying the application.

Guest (Expert) 23 December 2011
I endores the advice of Shri Makkad.

H.M.Patnaik (Expert) 23 December 2011
Yes, the applicant deptt. has every right to seek extension of of time for furthur proceeding. Since the enquiry could be completed and direction for completion of the proceeding issued by the authority your case is not similar with other four delinquents. However, basing on facts available on record, you can take all possible steps to defend your case.

Guest (Expert) 23 December 2011
You can however object to the admission of the Miscellaneous Petition of the department stating that the department has failed to complete inquiry within a timeframe of 6 months, as fixed by the CVC and can also plead for relief seeking quashing of chargesheet on grounds of exorbitant delay in proceedings.

prabhakar singh (Expert) 23 December 2011
the bus was missed hence i tried it on another station.

Devajyoti Barman (Expert) 29 December 2011
Yes rightly stated..

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