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dev kumar   13 March 2016

Delay in finalising disciplinary case

Sir

I am working in indian railways as JAG officer.

I had served one SF5 on  07.08.2012  for a  contract case of 2008.

Enquiry for the same completed in May 2009 and in the enquiry none of the charge was proved.

Again after around 2 year disagreement notice alongwith enquiry report was served to me stating that charges are proved.The document which was used  by vigilance to prove the charges was not given alongwith chargeshhet in any RUD as well as it was never received by me during the period of job.The letter was addressed to other officer and errounseouly they thought i had not reacted the letter. lateron DA admitted the fault and proposed again for exoneration. but Railway board officer agreed for minor punishment.

now again case is again with cvc for re consideration of its previous second stage advise since more than 10 months and yet case is pending at cvc. despite being chasing with  director level officer of cvc case is not coming out from cvc.Because of delay in finalising case i am loosing promotion since last two year andheavilydisturbed, please someone guide me further course of action.

D K Sonwani



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 4 Replies

Isaac Gabriel (Advocate)     13 March 2016

Pl.clarify whether the DA has ordered any punishment on the charges, be it minor or major. If closed, file a writ petition to quash the re-opening once it is finished and filnalysed.

dev kumar   15 March 2016

Sir

No punishment has been ordered by DA so far. Case is presently lying with CVC for reconsideration of second stage advise with CVC.

with regards

D K Sonwani

dev kumar   15 March 2016

Sir

shall under above condition when case is lying with CVC and DA's order is yet to come can i go to CAT for filing writ  for quash against reopening of case

Isaac Gabriel (Advocate)     15 March 2016

You have to wait for final orders.If you are disadvantaged because of th pendency of case, you can movde the CAT


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