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Sushil Wagh (LAW STUDENT)     14 November 2012

Departmental inquiry

IN A DEPARTMENTAL INQUIRY DISCIPLINARY AUTHORITY HAS RELIED UPON FORENSIC HANDWRITING EXPERTS  TO  BRING FORTH A CHARGE AGAINST A CHARGED EMPLOYEE. THE DOCUMENTS RELIED UPON IN THE CHARGESHEET DO NOT INCLUDE THE STAMPED AND SIGNED DOCUMENTS SENT BACK BY THE FORENSIC LAB BUT COPIES THEREOF BEFORE BEING SENT TO THE FORENSIC LAB. ALSO THE SAMPLES HANDWRITINGS SENT TO THE FORENSIC LAB BY THE DEPARTMENT HAVE ALSO NOT BEEN PROVIDED ALONG WITH DOCUMENTS IN THE CHARGESHEET NOR THERE IS ANY MENTION OF THE SAME. THE REPORT OF THE FORENSIC DEPARTMENT ALSO DOES NOT NAME THE PERSON ACCUSED IN THE CHARGESHEET. IT SIMPLY SAYS THAT THE HANDWRITINGS OF THE SAMPLES AND THE DOCUMENTS TO BE VERIFIED MATCH.

THE PROSECUTION DURING THE COURSE OF THE INQUIRY HAS NOT APPLIED OR BROUGHT ANY DOCUMENTS SUCH AS SAMPLES SENT TO THE FORENSIC LAB ON RECORD OF THE INQUIRY PROCEEDINGS NOR THE STAMPED AND SIGNED DOCUMENTS SENT FOR VERIFICATION ARE ON RECORD OF THE DEPARTMENTAL INQUIRY.

THE FORENSIC EXPERT DURING CROSS EXAMINATION HAS DENIED THE DOCUMENTS AS THAT PROVIDED ALONG WITH THE CHARGESHEET TO THE ACCUSED AS THEY DID NOT CONTAIN HIS SIGNATURE AND STAMP.

AS THE DOCUMENTS WERE NOT RELIED UPON BY THE PROSECUTION AND THE BURDEN OF PROOF IS ON THE PROSECUTION TO PROVE THE CASE. THE CHARGED EMPLOYEE DID NOT ASK FOR THE DOCUMENTS AS MENTIONED ABOVE TO CONTEST THEM AS THEY WERE NOT BROUGHT FORTH BY THE PROSECUTION TO PROVE THE CASE.

THE INQUIRY OFFICER HAS DECLARED THAT THE CASE HAS BEEN PROVED WITHOUT TAKING THESE FACTS INTO CONSIDERATION.

KINDLY HELP ME WITH THE FOLLOWING:

1. PROVIDE SOME CASE LAWS ON FORENSIC EXPERTS OPINIONS. 

2. CAN DOCUMENTS NOT ON RECORD OF THE DEPARTMENTAL INQUIRY BE RELIED UPON BY THE INQUIRY OFFICER TO PROVE THE CASE AGAINST THE CHARGED EMPLOYEE.

3. PLEASE HELP HOW TO GO IN APPEAL TO THE APPEALATE AUTHORITY IN THIS CASE

4, WHAT ARE THE OTHER AVENUES FOR THE CHARGED EMPLOYEE TO SEEK JUSTICE AS SHE HAS BEEN TERMINATED FROM SERVICE.

 

THANKING YOU,

WITH REGARDS,

SUSHIL WAGH

LAW STUDENT

 

 

 

 



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     14 November 2012

what is the organisation? central/state govt deptt/PSU? or private body etc.
1 Like

venkateswararao akkinapalli (associate)     14 November 2012

1. If a forsenic expert declare under oath the authenticity of the material received by him and examined by him and give an opinion, unless a mala fide intention or a very strong reason is shown , the opinion expreseed by the expert stands.,but there shall be no ambiguity.

2. Documents not on record can not be relied upon to reach a conclusion. Such conclusion if reached is discretion beyond the purview of disciplinary authority and has no legal validity and void.. Can be contested directly for stay on proceedings.The rule apply to Central and State Govt.

3. After the decision is conveyed, within stipulated time , you have to appeal to appellate authority and after that to reviewing authority . Only aftr that you can aproach tribunal as the case may be.

4. O the grounds of relying on documents on record you can approach the competent court for stay on proceedings and if the findings are reframed after withdrawal of old chargesheet and issue of a fresh chargesheet conducting an inquiry denovo , you can plead bias and from there as per available evidence , your counsel will proceed.

Avrao

1 Like

Sudhir Kumar, Advocate (Advocate)     15 November 2012

fresh query made at https://www.lawyersclubindia.com/experts/DEPARTMENTAL-INQUIRY-352446.asp#.UKQMQmfRDWM

1 Like

Sushil Wagh (LAW STUDENT)     15 November 2012

This is a central government organisation.

venkateswararao akkinapalli (associate)     15 November 2012

Then the above explainedsituation is as per establishment rules 1968 governing central govt. organizations

Avrao

Sudhir Kumar, Advocate (Advocate)     15 November 2012

read CCS(CC&A) Rules.

 

In this case the prosecution doe snto appear to be keen inproving the charge.

 

Has the IOs report been convnyed in terms of Rule 15.

Please go through daily ordr sheets whether procedure of rule 124 has been followed.

1 Like

Sushil Wagh (LAW STUDENT)     22 November 2012

Sir, @Sudhir Kumar : I have gobe through your advice was able to find rule 15 but not able to fine rule 124. Please help.

Sudhir Kumar, Advocate (Advocate)     22 November 2012

typing error.  It is rule 14

1 Like

Sudhir Kumar, Advocate (Advocate)     22 November 2012

typing error.  Itis rule 14


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