Replacing Competent Authority in a disciplinary proceeding just to follow higher official's wish
Querist :
Anonymous
(Querist) 28 May 2011
This query is : Resolved
Labour Law:
A worker was issued with a chargesheet alleging unauthorised absence for over an year by refusing to join in the transferred place. He denied the charge and in the disciplinary proceedings that ensued thereafter, the Inquiring Authority concluded that the charge was not proved and recommended dropping of the charge. The Competent Authority who ordered the Inquiry, after going the proceedings of the enquiry and the recommendations of the Inquiring Authority wanted to close the issue but his higher office would not permit him to do that. He was asked to issue a letter to the Charged Employee that he (CA) does not accept the findings of the IA and asked the employee to reply to some more points why he should not be punished. The Charged Employee replied the letter of CA and the CA was satisfied that the case needed to be closed. But the higher office still insisted him to issue a letter to the Charged Employee that the charge is proved and the period of alleged absence is treated as 'not spent on duty'. The CA was hesitant but the higher office replaced him with another official as CA just to get the instruction of higher official followed. All these happenings are internal between the authorities but the sufferer is the worker. Can the management replace the CA after all the disciplinary processes are completed except issuance of final orders ? Only to tow the wish of a biased higher official. What is the remedy ?
Sudhir Kumar, Advocate
(Expert) 21 December 2011
The answer is in my question. Can an authority is percluded from tranfering an officer simply on the ground that the officer is disciplunary authroity and uis yet to pass and order. That being the case a sizeable portion of officers strength wuld never be transferred.
