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abhi_PSTCL (GOVT SERVICE)     14 July 2017

Charge sheet on govt employee

Sir, I am a govt emplyoyee. I was charge sheeted on some case of common proceedings in aug 2016. I submitted my reply on time but the other officials have not submitted Thier replies due to this enquiry officer is not appointed yet. Due to this chargesheet my promotion was also deferred in last month. I requested the management many times but none has happened till now. Can I do a court case for this And if I do a court case against department will it create a negative effect on the judgement of my chargesheet. If my chargesheet will still pending when I will promoted acc to service regulations


 6 Replies

Ms.Usha Kapoor (CEO)     15 July 2017

Challenge in  court. If they act in  a biased manner because of your going to court you can  again approach court..Issue due notice to management and then proceed t0o court.

G.L.N. Prasad (Retired employee.)     15 July 2017

It is a fact that going aginst employer was never treated kindly in India.  The decision should be yours, as you are already facing a CS and disturbed.  The promotion if at all considered, at the most get few thousands hike, and an increase rank, but can not bring you happiness or mental peace.

Wait for the opportunity, instead of going against Government, as still Government and Court think many times that they are one and on very rare occasions, court had sympathy with the employees.

P. Venu (Advocate)     15 July 2017

The non-submission of defece statements by the others in the common proceedings no justification for not appointing the Inquiring Authority and commencing the proceedings. The Statment of defence is expected to be submitted within a period of ten days {according to the provisions of CCS(CCA) Rules} and no-submission of  the statement only entails that the charged officer(s) have not pleaded guilty. As such, the disciplinary authority is at fault in that the proceedings have not been set in motion. You may address the Disciplinary Authority (DA) pointing out this aspect and request for remdial action. You also have the option of submitting a Revision Petition or a Memorial to the superior authorities.

Judicial forums (Administrative Tribunals) are slow to interfere in disciplinary proceedings at the interlocutory stage; the only relief that could be sought is in expediting and early conclusuion of the proceedings. There could be an exception if the initiation of the proceedings and/or the charge sheet has been issued without the application of mind by the DA (this often happens). To verify this aspect, obtain the certified copies of the relevant notesheets under the RTI Act. And if there is a ground, the matter could be taken up in the judicial forum and quashing of the charge sheet could be urged.

The extant rule for granting promotion is that finding of the DPC is kept in the 'sealed cover' and acted upon if the charged official is exonerated at the conclusion of the proceedings.


Bhargava S.K. (Legal Practitioner & Vice Chairman HRIDAI)     17 July 2017

I agree with Mr venu. In most of the cases the charge-sheets are issued by incompetent officers. RTI can help in this regard. 

The AT may fix the time schedule for finalising the DE. However the sealed cover procedure willcome to your rescue when you are exonaratted. Going to AT for right cause should not irritate the Superiors generally. It depends on the size of your Organisation. 

Please represent before the Disc. authority as suggested.

Sudhir Kumar, Advocate (Advocate)     18 July 2017

You can get your promotion if proved innocent during life time. The inquiry will surely end before your grandson retires unless you have court order to expedite inquiry

Kumar Doab (FIN)     02 August 2017

You have been advised in detail.


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