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Narayan (Personal)     07 September 2013

Disputed termination

 

Hello,

I have 4 question to ask regarding my Disputed Termination

1.Can Departmental Enquiry and Criminal Proceedings in the court of law for the same identical charges be conducted simultaneously?

 

2.If Departmental Enquiry is not attended due to criminal case pending in the court of law for the same Identical charges what are the consequences?

 

3.Is Departmental Enquiry binding on an employee when criminal proceeding are pending for identical charges in the court of law?

 

4.Can Enquiry officer of the Departmental give Ex-party decision for not attending Departmental Enquiry?

 



 6 Replies

Sudhir Kumar, Advocate (Advocate)     07 September 2013

Since there is no query on inquiry procedure the same is not elaborated you each question is replied separately as and independent short they are

Sudhir Kumar, Advocate (Advocate)     07 September 2013

1.Can Departmental Enquiry and Criminal Proceedings in the court of law for the same identical charges be conducted simultaneously?

 

Ans : Yes

Sudhir Kumar, Advocate (Advocate)     07 September 2013

2.If Departmental Enquiry is not attended due to criminal case pending in the court of law for the same Identical charges what are the consequences?

 

 

Ans : If adjournment is not sought after informing the IO about trial on same date then ex-parte inquiry can be held.

Sudhir Kumar, Advocate (Advocate)     07 September 2013

 

3.Is Departmental Enquiry binding on an employee when criminal proceeding are pending for identical charges in the court of law?

 

 

Ans : Yes.  But he is not bound to attend but if not attending and defending he is bound to suffer consequences of ex-parte inquiry.

Sudhir Kumar, Advocate (Advocate)     07 September 2013

 

4.Can Enquiry officer of the Departmental give Ex-party decision for not attending Departmental Enquiry?

 

 

Ans : Yes. Rather he has no choice

 

Sudhir Kumar, Advocate (Advocate)     07 September 2013

you appear to be under serious misconception that departmental inqiry is redundant when criminal trail is going on.  better come out of the same.

 


you have not disclosed any fact leading to trial or inquiry so no comments on the same


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