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Anmol   07 December 2022

Departmental proceedings

Sir, Can enquiry report be challenged in the court before any decision of disciplinary authority on the ground of bias and not following procedure?


 3 Replies

Real Soul.... (LEGAL)     07 December 2022

You can file representation to the committee about that, if they failed to follow the procedure you can get directions from court by way of writ petition 

Adv. Shrey Shah (Advocate)     07 December 2022

If the enquiry is conducted with malice and smacks of false complaints on the face of it, you can challenge it before court of law. But unless it is very evident that no enquiry was needed, courts will not interfere.

Sudhir Kumar, Advocate (Advocate)     08 December 2022

till such time a penalty order is issued and challenge thereonrejected, you have no cause of action to go to court.

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