Departmental enquiry

Querist : Anonymous (Querist) 17 September 2011 This query is : Resolved
When the inquiry conducted resulted in the Inquiry Report and the same was accepted by disciplinary authority and then forwarded for II stage advice to CVO, whether the CVO after around 3 years can send back for fresh inquiry on the ground that the witnesses were not examined, that too when the charged officer did not question the witnesses statements.

The witnesses were not called for examination. The charged officer has not questioned the content of the witnesses as nothing incriminating or against the CO is stated in the said statements. the inquiry officer reported that none of the charges are proved. this was accepted by the disciplinary authority and forwarded to CVO for second stage advice. the charged officer is in service and not suspended.

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Devajyoti Barman (Expert) 17 September 2011
So what is the question?
If you apprehend that in spite of the same CVO pass any adverse order with regard to your service you could successfully challenge the same.

prabhakar singh (Expert) 17 September 2011
Expert : Devajyoti Barman seems to have rightly opined.

Guest (Expert) 18 September 2011
Repeated query. Already replied at the following link:
http://www.lawyersclubindia.com/experts/Departmental-inquiry-231026.asp

K.S.Srinivas (Expert) 18 September 2011
I agree with the views of expert Devajyoti Barman.

Chanchal Nag Chowdhury (Expert) 18 September 2011
Where is the problem? Cross the bridge when it comes.

malipeddi jaggarao (Expert) 19 September 2011
I have seen your previous thread and this also and could understand that the DA has not awarded punishment yet. Is it correct? In such case you need not worry. Obtaining second stage of advice from CVO is a compulsory process. How could you know about the opinion of CVO at second stage? If nothing incriminating or against you in the statements of witnesses, why the DA listed them as witnesses? Once they are listed, they should be called for examination. With all these anamolies in the procedure of departmental inquiry, you can challenge the order of DA if it is against you. For the present, have peace of mind and forget the story.