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Tinku Tinku (Public servant)     09 December 2017

Disciplinary Inquiry

Working as Appraiser in customs. A complaint was made against me in Feb, 2017. Following that, the complaint was forwarded to the Vigilance Unit which in turn forwarded the same to the Intelligent Unit for preliminary enquiry purpose. Further, my name was added in the list of officers against whom disciplinary action is contemplated. (Revealed when I was denied NOC for transfer on this basis)

Now, almost 10 months have elapsed and even the preliminary enquiry is not completed. When enquired, it is informed orally that the same is pending as the original documents are not traceable for the purpose of signature verification . However, the photocopy is available to them.

Is there any time limit for completion of departmental inquiry and preliminary inquiry. What, if there are original documents missing for want of verifications? Can they proceed with the photocopy for verification? Please do suggest, what should I do now?
Also please share any official order from CVC in this regard.


Learning

 7 Replies

N.K.Assumi (Advocate)     09 December 2017

One year  slot is the period of completion of DP by the Apex Court.And why should DP be not completed in a year, just for harrasment?


(Guest)

Mr. Tinku,

Normally the investigation, which you call preliminary inquiry, should as far as possible be completed within 3 months of the receipt of complaint and if probability of irregularity/ irregularities are noticed, a departmental inquiry has to be started without any undue delay after receipt of the preliminary investigation by issue of a formal charge sheet. After issue of a charge sheert the departmental inquiry is required to be completed within 180 days, which can further be extended with the due permission of the disciplinary authority..

Photocopies are normally not permissible as evidence in the absence of original documents.

 


(Guest)
Originally posted by : N.K.Assumi
One year  slot is the period of completion of DP by the Apex Court.And why should DP be not completed in a year, just for harrasment?

 

@ Mr. N.K. Assumi,

DP as per the Apex Court and on Execution side cannot be equated in any way. In DP on execution side certain prescribed statutory rules have to be followed, while process in the courts are undertaken mostly on the duly processed cases of the Execution side, as aimed towards making a review about the violation of any statutory provisions of the rules and regulations..

Tinku Tinku (Public servant)     09 December 2017

Thanks for your replies. Can you please share some circulars or guidelines issued by CVC or any court in this regard as I have to write to the CVO of my department citing those references.

Sanjay Singh Rawat   09 December 2017

Hi I m a retail employee in a well Known company name as future group, my designation in the company is Team Leader. I am raising a complaint regarding the mental harassment by the Distt. HR Ghaziabad. The issue started when I was posted in Easy Day govindpuram Ghaziabad. At that time my reporting manager was Mr Saurabh Sharma.. He harass me physically in terms of not attending his duties and also approved the leaves of 2nd Team Leader over there... I was the only one TL on shift for 18 hour shift... I also intimate this to Higher authorities. But no one respond accordingly. So I was liable to do straight shifts for 18 hours...and when I raised the issue more forcely and asked to transfer me to my home location I am unable to do straight shifts in Ghaziabad. Then distt HR take action against me and transfer me to Vasundhara 13 Ghaziabad, In spite of store manager...when I again raise the concern then Distt HR did the transfer of SM as show off action against Mr Saurabh Sharma Sm of Govindpuram at that time... Currently I am working in Easy Day Vasundhara 13 Ghaziabad. Here I again get many issue . So that I request from the HR to transfer me to my home town as I fell that I m not safe here..... But HR take this as personnel and decided to forcely harass me more so that I will liable to resign from the job.... After I felt no one wants to support me here I put the resign request....and I have completed my 22 days of my notice period...and due to some urgent work I requested for leave but not approved my request and said that if I go for leave they will terminate me... now today on 09 Dec 2017 , it's my weekly off ....i came to my brothers home to spent time with them oh my weekly off..... They process my termination behind me... i feel like this because they removed me from the all official group.... Therefore, In view of the above, I request you to please help me out and do the needful... Thanking you! Regards Sanjay Singh Rawat Mob: 8937997999

(Guest)
Originally posted by : Tinku Tinku
Thanks for your replies. Can you please share some circulars or guidelines issued by CVC or any court in this regard as I have to write to the CVO of my department citing those references.

 

Please mention specific purpose.

 


(Guest)
Originally posted by : Sanjay Singh Rawat
Hi
I m a retail employee in a well Known company name as future group, my designation in the company is Team Leader.
I am raising a complaint regarding the mental harassment by the Distt. HR Ghaziabad.
The issue started when I was posted in Easy Day govindpuram Ghaziabad. At that time my reporting manager was Mr Saurabh Sharma.. He harass me physically in terms of not attending his duties and also approved the leaves of 2nd Team Leader over there... I was the only one TL on shift for 18 hour shift... I also intimate this to Higher authorities. But no one respond accordingly. So I was liable to do straight shifts for 18 hours...and when I raised the issue more forcely and asked to transfer me to my home location I am unable to do straight shifts in Ghaziabad. Then distt HR take action against me and transfer me to Vasundhara 13 Ghaziabad, In spite of store manager...when I again raise the concern then Distt HR did the transfer of SM as show off action against Mr Saurabh Sharma Sm of Govindpuram at that time...

Currently I am working in Easy Day Vasundhara 13 Ghaziabad. Here I again get many issue . So that I request from the HR to transfer me to my home town as I fell that I m not safe here.....

But HR take this as personnel and decided to forcely harass me more so that I will liable to resign from the job....

After I felt no one wants to support me here I put the resign request....and I have completed my 22 days of my notice period...and due to some urgent work I requested for leave but not approved my request and said that if I go for leave they will terminate me... now today on 09 Dec 2017 , it's my weekly off ....i came to my brothers home to spent time with them oh my weekly off.....

They process my termination behind me... i feel like this because they removed me from the all official group....

Therefore, In view of the above, I request you to please help me out and do the needful...

Thanking you!

Regards

Sanjay Singh Rawat
Mob: 8937997999

 

Please be specific what exact type of help you expect from the experts?

 


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