domestic inquiry without serving charge sheet

After recieving a document you can not deny it's service by taking a plea that it was not sent through prescribed mode.

NON ATTENDING THE ENQUIRY IS  NOT CORRECT.HOW CAN DEFENSE STATEMENT BE GIVEN WITHOUT ATTENDINGENQUIRY. I THINK THE EMPLOYER HAS SENT THE COPY OF ENQ,PROCEEDINGS AND REPORT OF ENQUIRY OFFICER TO SAY YOUR DEFENCE.WE HAVE TO GIVE OUR DEFENCE STATEMENT AT THIS TIMEN AS THIS IS THE END OF DISCIPLINARY PROCEEDING BEFORE ISSUING TERMINATION ORDER

you are trying the enquiry on mere technicalities just like "not proper service has been done".  This is not a criminal trial.  Just service matter trial and domestic enquiry.  the latest trend of law is that just alleging bias, improper or irregular domestic enquiry is not enough to quash the enquiry proceedings but actual prejudice has to be shown by the employee for seeking the quashing of enquiry.  Violation of CDA rule is not good ground enough.

You appear in domestic enquiry.  file a letter seeking an opportunity to cross-examine employer's witnesses and after that lead your evidence and then file your defence  statement/final arugment. 

That is what I am trying to convince you.  Just sending messanger to your home with a second memo is not a "sin" in the eyes of law.  The court will just see that the employer issued a notice to the charge sheeted employee by any mode.  Strict inerpretation of mode of service rules will not be applicable in domestic enquiry.

I do agree that you are being harassed.  But the court has to be convinced by way of evidence that you are unnecessarily harassed.  For that you have to cross examine the employer's witnesses and you have to take your witnesses.  If it is possible, you have to prove the motive of the employer why he is harassing you only and none else.

If you will not attend the enquiry on the simple ground that the notice has not been served in accordance with CDA rules may create a problem in the court of law.

Think coolly and act.

Kindly let me know if Enquiry officer can submit report without conducting any enquiry and without sending any letter to me regarding enquiry matter and without replying my letters sent to the demanding chargesheet in proper format.

In case Enquiry Officer give any adverse comments against me without conductin any enquiry and without holding any enquiry sitting with me, can I sue him. (He is outsider )

Regards.

A.K.Bandyopadhyay

E-mail =asitkumarb@gmail.com