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srinivas   18 August 2018

Departmental enquiry on a central government employee

Hi Sir or Madam,

I am a central government employee. I had availed 2 months sick leave with prior intimation. Upon joining I had produced medical certificates and fitness certificates from a govt civil surgeon. But the head of office who is an IPS officer declared those certificates as fake and referred me to medical board. Also within a couple of days suspended me with the same context mentioning disciplinary proceedings as the reason.

Later now the medical exam is in process, I have been served with a DE notice with 2 charges 

1. Habitually reported late for duty and wilful absence from duty without prior permission violating rule 25 of the CCS Rules 1972

2. Didnt attend for mountaineering training and didnt explain the reason for the same violating GID 23 under Rule 3 of CCS Rules 1964.

How should i respond to these charges. I am under probation and in 4th year of my service . Please kindly help .

Thanks 

Srinivas

9052938700



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 10 Replies

P. Venu (Advocate)     18 August 2018

The facts as posted are wrong. Any how, the charges are unrelated to the production of fitness certificate you have produced. Please reproduce the charges verbatim. There could be no charges of misconduct based on an administrative instruction nor based on Rule 25 of the the CCS(Conduct) [not CCA Rules].

 

1 Like

Dr J C Vashista (Advocate)     19 August 2018

Unbelievable facts of the query, true story is concealed.

An IPS officer can not be expected to take such an action for unrelated circumstances, as alleged. 

 

srinivas   19 August 2018

Those are exactly the charges i have been subjected to . Maybe we have to doubt the quality of the IPS offficer then !! Also by hearsay he took this step as the higher officers censured him for suspending me for medical exam.

P. Venu (Advocate)     19 August 2018

What do you mean by "higher officers censured him for suspending me for medical exam." ?  

 

srinivas   19 August 2018

The IPS officer is on a deputation to the organisation. The higher officers censured him saying that 'he has not got powers to suspend an employee of 4600 GP (or equivalent to SI rank) and also reminded him that there is shortage of workforce and he ought not put employees in suspension.

srinivas   19 August 2018

The IPS officer is on a deputation to the organisation. The higher officers censured him saying that 'he has not got powers to suspend an employee of 4600 GP (or equivalent to SI rank) and also reminded him that there is shortage of workforce and he ought not put employees in suspension.

P. Venu (Advocate)     19 August 2018

When were you placed under suspension? How is it that HE does not have the powers to suspend you? Who has issued the charge-sheet you?

Sudhir Kumar, Advocate (Advocate)     19 August 2018

You are probably not able to see that 2+2=4.

 

You say that you are on probation and have 4 years of service.  It means that you have availaed maximum extension could have been availed.

 

Since you already of a chargesheet and another one being contempelated against you and also under suspension. So there is going to be no vigilance clearance for probation clearance.  Thereby your days in the deptt are anyway  numbered.

 

The controlling officer has already done a stupidy of suspending you  and making you off duty.   Thereby he snatched opportuinity from you to provide him more material for more dereliction.

1 Like

srinivas   20 August 2018

Sir ,

okay .. Is there nothing i could do to maintain status quo of my employment or prolong the process if removal from service is imminent. 

could you explain this sir 'So there is going to be no vigilance clearance for probation clearance'
 

Sudhir Kumar, Advocate (Advocate)     20 August 2018

for clearing your probation the establishment will seek clearance from vigilance and your case will be considered only if the vigilance officer writes "no case pending against the official"

 

without this certificat the case for removal from probation (confirmaton) will not be considered and having received maximum extention (unless recruitment rules of the post provide for more extention) you will be out.


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