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Regading inquiry officer

Page no : 2

Sudhir Kumar, Advocate (Advocate)     17 September 2019

Originally posted by : Vikram Kumar Saathiri
Thank You For The Advise Sir. The Article Of Charges Have Been Framed In December 2018 And The Employee Has Not Been Suspended.  The Issue Here Is The Charged Officer Has Objected The Process Being Followed In Ration Card Enquiries In A Meeting Held By The Controlling Officer In The Month Of August 2018.  The Controlling Officer Has Ordered For Framing Charges Against The Employee For Misbehaviour Against Higher Officials. No Action Has Been Taken On The Note.  Later, The Said Officer Has Proceeded On Long Leave And Successor Who Was Not Present In The Meeting Has Framed Article Of Charges Against The Employee In The Month Of December 2019, i.e., After A Lapse Of Four Months.  Later, The Second Officer Was Relieved From Duties and A New Officer Who Assumed Charge Has Called The Employee For Hearing In The Month Of July 2019 And Taken The Statement Of The Employee  In Writing.  Further, When The Article Of Charges Where Framed In The Month Of December 2018, The Employee Has Not Been Provided With Any Documentary Evidences From The Office, But Were Given To The Employee In The Month Of July 2019, When He Raised About The Issue Before The Disciplinary Authority.

 

The whole stody is an agebra equation.

 

you are badly confused and putting all facts in complicated manner.

 

perhaps so far none has enlightened you that during departmental inquiry  you have a right to be defended by a serving /retired Govt servant of your choice from any dept.

 

Contact any such person and proceed as suggested by him.  You cannot take your career so lightly.

1 Like

Sudhir Kumar, Advocate (Advocate)     17 September 2019

Originally posted by : Vikram Kumar Saathiri
Thank You For The Advise Sir. The Article Of Charges Have Been Framed In December 2018 And The Employee Has Not Been Suspended.  The Issue Here Is The Charged Officer Has Objected The Process Being Followed In Ration Card Enquiries In A Meeting Held By The Controlling Officer In The Month Of August 2018.  The Controlling Officer Has Ordered For Framing Charges Against The Employee For Misbehaviour Against Higher Officials. No Action Has Been Taken On The Note.  Later, The Said Officer Has Proceeded On Long Leave And Successor Who Was Not Present In The Meeting Has Framed Article Of Charges Against The Employee In The Month Of December 2019, i.e., After A Lapse Of Four Months.  Later, The Second Officer Was Relieved From Duties and A New Officer Who Assumed Charge Has Called The Employee For Hearing In The Month Of July 2019 And Taken The Statement Of The Employee  In Writing.  Further, When The Article Of Charges Where Framed In The Month Of December 2018, The Employee Has Not Been Provided With Any Documentary Evidences From The Office, But Were Given To The Employee In The Month Of July 2019, When He Raised About The Issue Before The Disciplinary Authority.

 

Is the controlling officer also appinting authroity of the charged officer

1 Like

Vikram Kumar Saathiri (Government Servant)     20 September 2019

Thanks for the reply sir.  Controlling Officer is also the Appointing Authority. 

Vikram Kumar Saathiri (Government Servant)     20 September 2019

Thanks for the reply sir.  Controlling Officer is also the Appointing Authority. The charges have been framed against my colleague, who has raised his voice against the superior officer, who has not guiding employees in proper way.  The Objection of the charged officer is that Inquiry Officer doesnt work under the controlling officer and Presenting Officer has dealt the file against the charged officer, There are some personal issues between the presenting officer and charged officer, for which the reason, the charged officer has objected the appointment of both the Inquiry Officer and the Presenting Officer.

Vikram Kumar Saathiri (Government Servant)     20 September 2019

Thanks for the reply sir. Controlling Officer is also the Appointing Authority. The charges have been framed against my colleague, who has raised his voice against the superior officer, who has not guiding employees in proper way. The Objection of the charged officer is that Inquiry Officer doesnt work under the controlling officer and Presenting Officer has dealt the file against the charged officer, There are some personal issues between the presenting officer and charged officer, for which the reason, the charged officer has objected the appointment of both the Inquiry Officer and the Presenting Officer.  the presenting officer has intentionally not circulated the file, in which the controlling officer has instructed to frame the charges and kept the file pending for two months.  the officer who has endorsed to frame the article of charges against the D.O.  and the officer who approved the article of charges and appointing the inquiry officer are different.
 

Sudhir Kumar, Advocate (Advocate)     20 September 2019

Originally posted by : Vikram Kumar Saathiri
Thanks for the reply sir. Controlling Officer is also the Appointing Authority. The charges have been framed against my colleague, who has raised his voice against the superior officer, who has not guiding employees in proper way. The Objection of the charged officer is that Inquiry Officer doesnt work under the controlling officer and Presenting Officer has dealt the file against the charged officer, There are some personal issues between the presenting officer and charged officer, for which the reason, the charged officer has objected the appointment of both the Inquiry Officer and the Presenting Officer.  the presenting officer has intentionally not circulated the file, in which the controlling officer has instructed to frame the charges and kept the file pending for two months.  the officer who has endorsed to frame the article of charges against the D.O.  and the officer who approved the article of charges and appointing the inquiry officer are different.
 

Just not understood what do you mean.

 

Why do you want an inqiury officer who works under clutches of controlling officer.

 

Thwere is no such provision in support of your objection.

Sudhir Kumar, Advocate (Advocate)     20 September 2019

Originally posted by : Vikram Kumar Saathiri
Thanks for the reply sir. Controlling Officer is also the Appointing Authority. The charges have been framed against my colleague, who has raised his voice against the superior officer, who has not guiding employees in proper way. The Objection of the charged officer is that Inquiry Officer doesnt work under the controlling officer and Presenting Officer has dealt the file against the charged officer, There are some personal issues between the presenting officer and charged officer, for which the reason, the charged officer has objected the appointment of both the Inquiry Officer and the Presenting Officer.  the presenting officer has intentionally not circulated the file, in which the controlling officer has instructed to frame the charges and kept the file pending for two months.  the officer who has endorsed to frame the article of charges against the D.O.  and the officer who approved the article of charges and appointing the inquiry officer are different.
 

 

 

Presenting Officer has no duty to be unbiased.  He has a duty to prove charges against you and it is better for theorganiatgion if he is not your sympathiser.

Sudhir Kumar, Advocate (Advocate)     20 September 2019

You may better take help of a  serving/retired govt seervant of your choice who is aware of the inquiry procedure rather than banking upon comical representations.


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