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sanjeev rajpurohit   29 March 2020

Disciplinary authority him self committing in a disciplinary action

IF A DISCIPLINARY AUTHORITY HIM SELF IS COMMITTING SO MAY DOCUMENTARY MISTAKE IN DISCIPLINARY ACTION AGAINST A C.S.O EVEN THOUGH HE IS VIOLATING THE RULE UNDER WHICH HE IS TAKING DISCIPLINARY ACTION IN HIS FINAL ORDER THEN ON WHAT LEGALITY STANDS IN HIS FINAL ORDER REMAINS STOOD AND NO ACTION IS TAKEN BY APPELLANT AUTHORITY.


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 8 Replies

G.L.N. Prasad (Retired employee.)     30 March 2020

There is no clarity in the query.  I presume that the designated disciplinary authority is himself committing several irregularities in his functioning.  If the DA has committed such irregularities in the particular case against CSO, the duty of the CSO ends by reporting the same in writing to him under copy to his superior.  If the DA's violations are in some other cases, the CSO can as a citizen can report the matter to the Head of the institution with prima facie documentary evidence, enabling them to investigate into the affairs.  If that Superior takes the complaint leniently and initiates no action, then a writ can be filed against the concerned Head of the institution, praying the court for directing HOI for proper disciplinary proceeding against DA for his gross misconduct.

sanjeev rajpurohit   30 March 2020

THE SAME IS BEING REPORTED TO APPEALLANT AUTHORITY THAT THE DSCIPLINARY AUTHORITY IS COMMITTING SO MANY MISTAKE IN CONDUCTING A DOMESTIC INQUIRY AGAINT C.S.O. BUT THE APPEALLANT AUTHORITY NOT RESPONDE ON APPEALANT APPEALL AND DISPOSE OFF THE APPEALL IN FAVOUR OF DISCIPLINARY AUTHORITY ACTION.

KINDLY PROVIDE ME HELP

G.L.N. Prasad (Retired employee.)     30 March 2020

As an employe finding fault with the actions of your superiors, consider the practical difficulty  in guiding you by the experts in the forum without knowing the facts of the case and without knowing as to whether such violations are contributing for adverse inferences against you.

What about the Union/Association or other trade union and your representative ?  What is the present stage/status of the proceedings ?  What is the exact charge and what falsification/fabrication is being done by DA against you for involving you in that case, what is the role of Labour commissioner and the HEAD of HRD or Head of the Institution

Focus on defending your case properly.   This is the prosperity.   The more violations DA commit, he will be involving himself more once it is referred finally to HC through writ.

P. Venu (Advocate)     30 March 2020

Please post simple facts. avoiding presumptions and assumptions and your subjectiive opinions. Then and then only, a meaningful suggestion could be made.

T. Kalaiselvan, Advocate (Advocate)     31 March 2020

If the mistakes done by the inquiry or presiding officer in the disciplinary proceedings and the appellate authority also is not willing to rectify the same as pointed out then a writ petition may be filed before high court against the judgment  seeking justice

P. Venu (Advocate)     31 March 2020

The Courts as well Tribunals seldom entertains petitions/applications on disciplinary procedings at an interlocutory stage. Moreover, no appeal lies on procedural irregularities  at that stage of the proceedings. However, revision petition could be submitted. But it is the common occurrence that administrative authorities are reluctant to to decide such matters in a quasi-judicial manner.

Sudhir Kumar, Advocate (Advocate)     15 April 2020

The role of Appellate Authorty starts after Disciplinary authroitiy passes a penalty order.

 

You have chosen not to share any fact.  So no concerete view can be formed.

Sudhir Kumar, Advocate (Advocate)     15 April 2020

is this same case

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=208812&offset=1


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