Service matters

expert kindly advice  urgent  io has been appointed has fixed date of preliminary hearing

The court generally intervenes only when there is final punishment imposed based on the charges.  Mere issuing of charge sheet cannot be challenged.  The employee must avail all the opportunities available to him on principles of natural justice, present his side of the story, keep all records and only when there is a dispute either on a matter of law or matter of facts, he can then only challenge the proceedings stating such grounds.  The employer is entitled to act as per laid down disciplinary rules and regulations and court interference is only on unjustified punishment imposed if it is vitiated by prejudice or victimization by the employer.  Contact a local advocate who is an expert in labor laws from the replying to Charge sheet.  Contacting the expert from the beginning of the proceeding helps you in building up a record of documentary evidence and good ground for defense at later stages.

In your Organisation itself there must be ways and means to represent yourself to get the truth out. If you are merely Charge Sheeted, it only means that the organisation levelled certain allegations. It is for Organisation to prove the allegations made by them and it is for you to defend yourself by proving the allegations are not correct. For this you need to collect all the related information/details relating to the allegations made against you in the Charge Sheet.  You can also have a representative from your Union/Association of which you are member as your representative, who shall represent you before the Inquiry conducted by the Organisation.  Inquiry shall be conducted like a Court only (it does not have any judicial status)where you can be exonerated or found guilty. When you are found guilty, you shall be given a chance to appeal to the higher authorities, as per the procedure of your organisation. After all these are completed, if you still feel aggreived, you can contact a Lawyer and file a case in the Court challenging the punishment given to you.

Courts are slow to interfee in disciplinary proceedings at the level of issue of Chargesheet unless it could be shown that there is non-compliance to the statutory requirement in the initiation of proceedings, issue of chargesheet etc. If you are in Government service try to get the requisite information as defence (additional) documents or uner RTI.