Judgement

raghavendra (Querist) 10 February 2018 This query is : Resolved
Respected sirs

i was working in a company as administrator.i had been issued charge sheet for false declaration in employment application regarding qualifications. company only conducted departmental enquiry by internal officials and proved the charges and i have dismissed from the service. i have filed Writ Petition in High court. Since enquiry is committed court prepare to remand the matter to civil court.

but, company issued the charge sheet for no misconduct. there is no false declaration in employment application.

one more thing is application filled in the year of 2009 and joined in 2013.

i have taken contention in enquiry that, the rules of the company applicable only upon joining company hence charge for so called misconduct charge sheet should be given. company got power to cancel the appointment letter without notice immediately. but enquiry conducted, which was not necessary.
i am requesting kindly provided me some judgement as

1. for no misconduct, the charge sheet should not be given.
2. even though charges are proved high court can appreciate the evidence and document done in DE
3. company rules cannot be applicable to employee before employee join the company.
4. disciplinary authority and presenting officer, enquiry officer are interested person being employee of company proved charges and high court can interfere with the enquiry findings.

Thanking you

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Guest (Expert) 10 February 2018
Vague description. Your description neither represents departmental inquiry, nor court trial, nor judgment, nor the purpose for which you require copies of judgments. If you have engaged some lawyer, it is his headache to arrange for the judgments relevant to the nature of the charge.

Better rely on your own lawyer.

Dr J C Vashista (Expert) 11 February 2018
Vague and confusing statement/information.
Have faith and consult your lawyer who is capable, intelligent and competent enough to take care of the facts and circumstances.