Radhakrishnan (BPO) 18 April 2011
My friend parent lived happily for more than twenty years. Now my friend mother came to know that his husband having illegal connection and got married with another lady illegally. This was not tolearted by my friend mother. She is planning to infom to the superior officer of her husband working in the goverment office.
I want to kindly know whether if she gaves a petition in writing, his job will get lost?? as per goverment rules.. kindly calrify
Tajobsindia (Senior Partner ) 18 April 2011
@ Author
No
The only thing that she can achieve is on maint. part and defamation.
The poitn here is why not seek Civil remedy from Court ?
adv. rajeev ( rajoo ) (practicing advocate) 18 April 2011
Asim Kumar Sen (RETIRED MANAGER OF A NATIONALISED BANK) 18 April 2011
The civil court is open for trial and conviction. That is the ultimate authority. But apart from that., if the service rules ie. disciplinary rules expressly prohibits polygamy and treat it as an offence and violation of disciplinary rules, then the superior competent authority can issue :
1. Show cause notice. The reply,If found satisfactory, the charges will be dropeed.
2. Proceed to issue chargesheet to the offending employee if the reply to the show cause notice is found to be unsatisfactory it will proceed to institute domestic enquiry against the offending employee but every opportunity shall be given to him to defend himself by a co worker(and not by an advocate) and to produce documents to rely upon for his defence.
3. The enquiring authority will appoint a prosecuting officer who is also a worker of the same organisation. The prosecution shall similarlarly submit his own documents in support of the prosecution.All copies on both sides shall be exchanged.
4. The hearings shall take place at regular intervals when both sides can depose, examine and cross examine opposite sides. Usually leading questuions are not allowed as per rules of proceedings.All proceedings shall be recorded, copy prepared, signed and handed over to both sides.
5. At some point of time the domestic enquiry shall definetely come to a decisive conclusion by the enquiring authority on the basis of depositions arguments and counter arguments and documents produced and relied upon by both the sides.
6. The enquiring authority will decide whether the concerned employee is gulty or not. He will send his recommendations alongwith all records of proceedings and documents to the Disciplinary Authority who then awards punishments depending on the gravity of offence- Major or Minor for which punishments are laid down in the rules.Alternatively he can drop all charges if found to be insufficient ,giving benefit of doubt to the offending employee and relieve him of all charges and offences.
7. The employee if not satisfied with order of the Disciplinary Authority and definitely in case of dismiisal from service, compulsory retirement etc. He will appeal to to the Appellent Authority whose decision shall be final and binding on both the sides.
8. The essence is that the offending employee will be given all possible and resonable opportunities to defend himself for the sake of Natural Justice.
9.Any such order of the Domestic Enquiry may ,however, be challenged in a court of law . The Court order will prevail over the Domestic Enquiry order and will bind all sides, Any violation of court order shall be deemed as contempt of court and is punishable under the law.
Member Strength 9,46,095 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
