Punishment awarded after delay in departmental enquiry

rakesh (Querist) 29 May 2013 This query is : Resolved
MY FRIEND WHO IS A SENIOR EXECUTE IN ONE OF THE LEADING PSU WAS CALLED FOR VIGILANCE ENQUIRY IN FEBRUARY'2010.

HIS INITIAL STATEMENT WAS RECORDED BY VIGILANCE OFFICER (INVESTIGATING OFFICER) IN FEB'2010.

HE WAS SERVED THE CHARGE SHEET FROM THE DISCIPLINARY AUTHORITY IN APRIL'2011.

THE REPLY TO THE ABOVE CHARGE SHEET WAS SUBMITTED BY THE ACCUSED OFFICER IN JUNE'2011.

NOTICE FOR HOLDING THE DEPARTMENTAL ENQUIRY AND CONSTITUTION OF DEPARTMENTAL ENQUIRY COMMITTEE WAS INTIMATED IN JUNE'2012.

THE DEPARTMENTAL ENQUIRY WAS STARTED IN JUNE'2012 AND CONTINUED FOR 8 SITTINGS AFTER SEVERAL TIMES POSTPONEMENT AND FINALLY CONCLUDED IN FEB'2013.

THE PRESENTING OFFICER SUBMITTED THE REPORT IN FEB'2013.

THE ACCUSED OFFICER SUBMITTED HIS REPORT ON 6TH MARCH'2013.

THE ENQUIRY OFFICER HAS SUBMITTED HIS REPORT IN APRIL'2013.

NOW FRIEND HAS BEEN SERVED WITH MINOR PUNISHMENT, WHICH IS GOING TO AFFECT HIS CAREER.

SINCE THE FULL PROCESS HAS TAKEN MORE THAN 3 YEARS, IS IT POSSIBLE FOR MY FRIEND TO QUASH THE FULL ENQUIRY AND PUNISHMENT ON LEGAL GROUNDS BY FILING A CASE IN COURT OF LAW.

IF YES , UNDER WHAT LEGAL PROVISIONS IT IS POSSIBLE.

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Raj Kumar Makkad (Expert) 29 May 2013
First of all, your friend need to make representation to the higher authority of the department/PSU and should demand review of the punishment and failing to get the desired results, he should serve a legal notice through a lawyer and then should go to CAT.

Guest (Expert) 29 May 2013
Unless your friend exhausts the normal departmental channels, his court case is likely to fail. He would first need to submit his appeal to the prescribed appellate authority in the PSU itself. On rejection of his appeal only, he should go to CAT or HC, as the case may be.

Sudhir Kumar, Advocate (Expert) 30 May 2013
first let him file appeal under CDA rules as advised by Mr Dhingra.

Let the appeal b e framed by knowledgeable person.

Inquiry generally does not finish in 8 sittings it appears to be hurried inquiry and there may be procedural errors.

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