Judgement
raghavendra
(Querist) 15 February 2017
This query is : Resolved
Dear Seniors
kindly provide some following judgement please
1. Can Disciplinary Authority can change the proposed punishment after second show cause Notice?
2. judgement pertaining to QUASH the charge sheet issued by the employer which is against the standing order at the stage of second show cause Notice.
3. meaning of declaration/information, whether it may be oral or written.
Guest
(Expert) 15 February 2017
Discuss case history for solution, if you have any problem.
raghavendra
(Querist) 15 February 2017
I had been issued charge sheet for non disclosure of higher qualification. Now enquiry is completed iin second show cause notice I have been issued dismissal praposal
raghavendra
(Querist) 15 February 2017
I want challenge the charge sheet in high court before confirm the dismissal order. Can I get the stay
Ms.Usha Kapoor
(Expert) 17 February 2017
FOLLOW UP WHAT EXPERT DHINGRA jI SAID.
Guest
(Expert) 17 February 2017
Mr. Raghavendra,
You are still very miser in discussing the case history. You original description is very vague when you mixed up several different things pertaining to the executive action and the judiciary process, i.e., requirement of judgment, show cause notice by the disciplinary authority, possibility of change of change of punishment on 2nd notice, quash petition, and meaning of declaration/ information, etc.
Your query seems to be pertaining to some academic exercise, but seemingly you have failed in adapt that to make some sensible question, more so, when the misconduct of non disclosure of higher qualification does not warrant such a severe penalty of dismissal.
By the way, why do you need judgment, when that is the job of your lawyer to find some appropriate judgment that too, if most necessary, if merits of the case, itself are not sufficient to deserve quash of charge sheet and shelter of some judgment is sought by the lawyer?
raghavendra
(Querist) 17 February 2017
Dear sir.
Fact of the case as follows
in the year of 2009 i have applied for the post to PSU, prescribed qualification for the post was University Degree( BA,BCOM,BSC, ETC). in the year of 2009 i was having LLB and BA. since specifically in advt it was asked hence ipted to apply on BA degree. But, in the Bio-data format declaration was taken as, i do not have any other higher qualifications nor pursuing any other qualifications.
recruitment process started late i have joined in the year of 2013. during selection process company has obtained undertaking that undertaking that i do not have higher qualifications.
after joined as trainee in legal and IR section, there i have orally intimated to my reporting officer, after some days in the year of 2014 my reporting office given
complaint against me as i have suppresed fact that i have completed LLB and LLM, inspite of this in that complaint he added my perforance is not good. HOD endorse to issue the low performance on that complaint copy. copy of that complaint was not given to me. on that basis my training period is extended for 6 months that absorbed and confirmed my service.
subsequently, i found in several occasion company had given opportunity to incorporate higher qualification which was not disclosed time of joining. therefore, i have requested to incorporate my qualifications to my personal record, matter referred to vigilance department i have issued charge sheet. enquiry officer was officer of the company and given report as charges are proved. than, second show cause notice have issued on me as proposed punishment is dismissal. now i have taken time to give reply to second show cause notice.
now in confusion as how t o proceed further.
raghavendra
(Querist) 17 February 2017
i have not yet appointed the lawyer, my disciplinary authority asking judgement in favour me as
he can alter the punishment,
charge sheet is not valid as possessing
higher qualifications is not misconduct.
company cannot take undertaking as candidates not to have higher qualifications.
Bio data format should be against the terms of notified advertisement, when prescribed qualification is already mentioned in advertisement.
Guest
(Expert) 17 February 2017
Mr. Raghavendra,
I don't know what was your defence strategy against the Articles of Charge during inquiry proceedings or through defence statement against the inquiry report. But, may the charge would have been proved about your misconduct of not appropriately informing the competent authority about your qualifications, still if you were LLB, that was not a higher qualification than BA/B.Com, as that is treated equivalent to qualification of BA/B.Com, etc.
But, if you had already possessed LLM that of course, being Master's Degree and higher qualification, that was required to be included in the application form or to be intimated within one month of your joining service. But, if you attained that Master's qualification after you filled up application form, still that could not be treated as a misconduct, unless you qualified during service period after joining the organization.
BA/B.Com qualification could have been the requirement of minimum qualification for the job and there would not have been any restriction to add your higher qualification in the form at the very initial stage of filling up the form.
Still further, had you informed the competent authority about your LLB or higher qualification within one month of joining, you could still have been absolved of the charge.
If you have received 2nd show cause notice, you still have the opportunity to defend your position effectively and to avoid the need for going to court. But for that a very effective representation is required to be prepared by some well versed expert of the rules & regulations.
Moreover non intimation about higher qualification is not so serious misconduct to call for such a deterrent penalty of dismissal. Penalty of censure or withholding of one or two increments could well have sufficed as a penalty for the indiscipline.
If you are determined to go to court, at first that is quite a premature stage, as you will have to first exhaust the organisational channels, like appeal to appellate authority of your own organisation after the penalty is awarded by the disciplinary authority.
Secondly, if you fail to represent your case very effectively before the competent disciplinary authority or appellate authority, you should not expect any substantial relief from the court, even if you attach 100s of the judgments, as all case laws are not of the same characteristics and with similar circumstances.
Rest depends upon your own wisdom.
Best of luck!
raghavendra
(Querist) 17 February 2017
Time of filling biodata format I was having BA and LLB, after joining I have completed the LLM, but I was not intimated in writting nor taken NOC. But I was orally intimated. There is rules of company that, if candidate intimated at the time of induction qualifications are incorporatable.
Guest
(Expert) 17 February 2017
After joining the Job how you were able to complete LL.M with out attending the college.Could you please Clarify.
raghavendra
(Querist) 17 February 2017
Advertisement was notified in 2009 and i have joined in the year of 2013 during this period i was i have taken LLM is not regular one it was part time course. time of joining the company i have completed 1st year of LLM after joining i have written 2nd year LLM.
Guest
(Expert) 17 February 2017
Mr. Raghavendra,
With reference to your present clarification, I still believe that you are not coming out with full facts, as in such a case, when you have completed LLM during service period, your charge sheet could not be restricted only to non-intimation of your higher qualification. you have not mentioned, what exactly was charge against you and under which rule that was treated as misconduct/ irregularity. Apparently, the Charge Sheet must also have contained the charge of not taking permission of the competent authority for undergoing higher course of studies, may that be on full or part time basis.
Rest assured, if you believe that you can get appropriate advice on half baked facts, you are awfully mistaken.
Guest
(Expert) 17 February 2017
Could you confirm which College you had done your Part Time LL.M.and Please Clarify about Attendance is it not mandatory.
raghavendra
(Querist) 17 February 2017
Charge No. 1 is false declaration in employment application about age qualification, or any other time.
Charge no.2 is violation of the rules applicable to the company
Rajendra K Goyal
(Expert) 18 February 2017
Please consult some service law expert lawyer, show all papers and discuss in detail.
