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Basavaraj (engineer)     02 May 2012

Delibrate suspension for defaming

Dear all,

one of my co-manager working in psu company, is suspended for in-subordination cause and comity is plaaning to conduct a formal equery in thier favour and terminate the candidate..kindly advice on fallowing options

1.After reciveing the suspension letter can he approch high court and get stay for suspension...?

2.Can he approche high court to conduct a trail enquery in court instead of compay for fair trail..?

3.If company equery found that not guilty....can he file defaming case and compensation....?

Regards



 9 Replies

Anjuru Chandra Sekhar (Advocate )     03 May 2012

He has to exhaust all options available to him in his company to make appeal against the orders or Disciplinary authorities only after that he can approach Civil court or High court.  Suspension is a social stigma for employee working in company, but technically it is intended to ensure that the employee does not tarnish with evidences that the Management wants to marshall against him.  Court does not view it as a stigma but as part of administrative process in a departmental inquiry. 

 

Your friend should request the company in writing to give him the Discipline and Appeal Regulations and Conduct rules of the company in order to defend himself if charges are made against him.  He should take the acknowledgement signature of the appropriate authority receiving that letter and preserve it carefully.

 

If the company does not give him the books (which they normally do not do in order that employees remain in ignorance and try informal methods like going to the Management and catch the feet of everyone seeking pardon), he should file Writ petition in HC claiming that the was not in a position to defend himself properly because the material required to defend himself was not supplied hence could not exhaust remedies available within the organization hence approached High Court.  Produce the letter mentioned above as exhibit to prove that you have requested for the material.  If they have supplied it is for them to prove that they have supplied whether you deny it intentionally or for good reason.

Anjuru Chandra Sekhar (Advocate )     03 May 2012

When it comes to choosing between catching feet of Management (which is normally perceived as easiest option to get rid of problems deliberately created by management) and approaching HC convey to your friend to preserve his dignity and approach HC only.  We are living in a free country, we are not bonded labor to try such informal methods.

Basavaraj (engineer)     04 May 2012

Dear sir,

Thank u very much for guidnce...as we all know suspension is not punishment but it can be used as  tool to defame the person and conduct formal equery by company's commitee ...so there may be one side conclusion by company.

may, he can chalenge suspension in HC for fair trail? or obtain a stay till matter clear in HC..?

idea is not to allow company to make equiry in isoaltion and conclude...

kindly do reply asap to extend the help to co-manager pls.

BR

Anjuru Chandra Sekhar (Advocate )     04 May 2012

Your friend should request the company in writing to give him the Discipline and Appeal Regulations and Conduct rules of the company in order to defend himself if charges are made against him.  He should take the acknowledgement signature of the appropriate authority receiving that letter and preserve it carefully.

 

If the company does not give him the books (which they normally do not do in order that employees remain in ignorance and try informal methods like going to the Management and catch the feet of everyone seeking pardon), he should file Writ petition in HC claiming that the was not in a position to defend himself properly because the material required to defend himself was not supplied hence could not exhaust remedies available within the organization hence approached High Court.

 

Depending on the DA regulations of the company there might be one or two or more tiers of appellate authorities within your organization.  Suppose DGM (HR) is the deciding authority in the disciplinary proceedings, the next appellate authority could be Chairman and if he also gives verdict against you, the next appellate authority could be Managing Director.  So you have to exhaust all these options and get denied by them, then only you can approach civil court or High court.  However, as I mentioned in the first two paragraphs, if the company is denying you the relevant material for you to rely upon to defend your case bcause of which you are not in a position to defend your case properly then you can approach High Court directly and file a Writ of Mandamus to issue suitable directions.  Courts generally do not intervene in the matters of disciplinary proceedings of the companies unless there is gross violation of principles of natural justice, they will only correct the process but not deliver verdict against the verdict given by the appellate authorities of the organization unless they are fraught with malice and fraudulent in nature or you are maliciously prosecuted to achieve improper ends. The order in the writ of mandamus mentioned above will only restrict itself to the matter of principles of natural justice and the court will only direct the company to supply material to you to so that you can defend your case properly but HC will not dwell on the merits of the case until appellate options within the company are exhausted.

Basavaraj (engineer)     04 May 2012

sir,

He has not make any serious crime or misconduct.

But mental harasment , snaching the power of authority,discontinueing the perks and not sanctioning the leave etc is going on and rumours that suspension with pending enquey may impose may after some time.

may HE go tyo HC and ask for delaration of responsiablity/power/authority etc as per the appointment order before suspension....?


(Guest)

Correctly advised by Mr. Chandrshekhar. A writ petition lies only when there is no alternative and efficacious remedy available to the petitioner. First exhaust all the possible remedies within the company, if they prove otiose, file a writ petition in the High Court.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Basavaraj (engineer)     04 May 2012

Dear all,

Thanks for the responses....

now... any public sector govt of india under takeing company appoint manager with perticular role and confirm him based on his performances....later when promotaion time is aproching..management snach all the powers with out giveing reasons,defameing,cutting perks etc of course salary is paid,this is seems to be a insult to profeession.

under such conditions person can go HC for justice from comany not adhereing the appointment order or not considering  the cadidate for role he has been employed....?( case similler to sri.shankar bidri asking court to clarify)...pls reply asap.

Regards

Sudhir Kumar (Retd Govt Officer)     05 May 2012

You questions are replied as under :-

 

1.After receiving the suspension letter can he approach high court and get stay for suspension...?

 

Ans :- No. Suspension is appealable before deptt.  Consult CDA rules of the PSU.

 

2.Can he approach high court to conduct a trail enquiry in court instead of compay for fair trail..?

 

Ans : Certainly and certainly NOT.  High court cannot be expected to come down to the level of departmental Inquiry.  You can approach Court only if the procedure is violated in Inquiry and you are arbitrarily punished.

 

3.If company equery found that not guilty....can he file defaming case and compensation....?

 

Ans : Too early to even think of this. If you keep on declaring this intention to do so then the higher authorities (including those who are or may later be sympathetic to you) have no option but to gang up against you and ensure that you are punished by proving charge and thrown out. None is interested to keep on waiting for one day to be jailed when you are acquitted.

 

You are badly confused.   You are entitled to the services of a serving/retired Govt servant of your choice, subject to provisions of your CDA Rules) to argue for you in the departmental inquiry.

 

Mr Chandrasehkhar has already advised you that “Your friend should request the company in writing to give him the Discipline and Appeal Regulations and Conduct rules of the company in order to defend himself if charges are made against him.  He should take the acknowledgement signature of the appropriate authority receiving that letter and preserve it carefully.”. 

 

I however only add that if company does not give it still no need to rush to High Court just file RTI application. Non-provision of these rules on simple request is evidence of malafide. Even otherwise these rules are notified in Gazetted and available on payment from Govt Press.

 

 

 

Anjuru Chandra Sekhar (Advocate )     09 May 2012

You have to say whatever you want to say against Management in your counter arguments against Chargesheet.  Though literally management and the Disciplinary authority is one and same, technically it is deemed that the Disciplinary authrority is deemed to be a Quasi-judicial authority and hence supposed to be impartial.  If he does not give a reasoned judgment, you can appeal against the judgment to next rung of Disciplinary authority, and exhaust all options there within your organization.  Nothing prevents you from saying what you want to say in your defense against the Charges/allegations/imputations made by Management against you.  You will also be provided with a representative to represent your case if you feel inadequate to present your case with the management.  There will be a management representative to present the case of management. 

 

We know, in practice it all happens arbitrarily and finally whatever management wants to decide it will decide, but that does not mean that when it goes for scrutiny of Courts during later stages, it cannot be known that management had made decisions without application of mind, displaying partiality or with malafide intentions etc.  Hence defend your case, answer the Chargesheet properly, though you feel it is a lost case as long as it is being dealt with by management, just to complete the formality of departmental inquiry.  All those defenses that you made in departmental inquiry will come in handy during Court proceedings in later stages. 

 

Take acknowledgement of every representation, Statement of Defense, arguments, any other documents submitted by you to the Disciplinary authority/Inquiry officer in support of your case and keep it on record to be presented as exhibits to Court later.  If there is no acknowledgement they might say, we have not received it, the chargesheeted official has not given it to us. 


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