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Madhusudan G R (Advocate)     10 June 2020

Government Servant issuing lawyer notice

Can a govt servant issue lawyer
notice to his departmental head?


Learning

 12 Replies

Jarwani Bhavika   10 June 2020

specify the proper fact

kavksatyanarayana (subregistrar/supdt.(retired))     10 June 2020

You have not posted facts.  However, the answer is No.  If an employee in his personal capacity may give notice to the employer in his personal capacity.  But no employee can give lawyer notice to HOD. 

P. Venu (Advocate)     10 June 2020

What are the facts? What is the context?

Manogya Chava   10 June 2020

Greetings, as stated please provide specific details regardign the case for better understandign of the query, information such as - 

1. Which department does this query pertain to?

2. What is the issue for which a legal notice is to be served?

3. What level are the boss and employee in the said department?

This link may be of use - https://www.lawyersclubindia.com/articles/notice-for-instituting-suits-against-the-government-under-the-code-of-civil-procedure-act-v-of-1908-10125.asp

Hope this helps. 

 

Madhusudan G R (Advocate)     11 June 2020

The govt servant is)was a Chief Officer in a Town Municipal Council. An allegation was made aginst her that she has misappropriated certain amount out of the govt funds meant for eradication illiteracy amongst the women folk n impart computer illiteracy amongst the youth of the Taluk.

She has denied, given the account n produced even the photographs of the programmes conducted. Her immediate officer, who has conducted the preliminary enquiry, has said that there is no documentary evidence to prove the alleged misappropriation.

Despite the above, she has been transferred to another place, wherein same allegation has been made, there also.

The deptl enquiry is conducted, which is one sided n she has not been given an opportunity to lead evidence n produce her witnesses, in both the enquiries held separately n simultaneously n found her guilty.

The enquiry officer has become the disciplinary authority also by recommending to levy 18% interest on the amount to b recovered n be compulsorily retired from her services.

Two separate writ petitions hv been filed in the HC bench. Before the notices could b served by the HC bench, lock down was declared throughout the country because of the outbreak of Corona virus.
Taking advantage of this, without even serving the notices, the dept has started to gather info about her movable n immovable properties.

In this connection, can the lawyer notice b issued to the director who has initiated the proceedings.

G.L.N. Prasad (Retired employee.)     11 June 2020

It is proper to remain silent for the present, as you are not going to achieve anything extra by issuing a simple legal notice to Director, and the issues may become complicated, as no superior tolerate a subordinate issuing notice.  There is nothing wrong in getting information on movable and immovable properties as the employer is bound to make his own investigations to compare with the facts submitted by an official in his declaration.  If the time is not good just maintain patience and do not get provocative and retaliate as it may further complicate your position.  Your advocate can still mention developments in your writ before HC.

Madhusudan G R (Advocate)     11 June 2020

If only that were to b the case, would hv kept quiet. But the Commissioner has directed the Chief Officer to take further action, without a copy to the respondent.. No specific action has been mentioned.

P. Venu (Advocate)     11 June 2020

"The enquiry officer has become the disciplinary authority also by recommending to levy 18% interest on the amount to b recovered n be compulsorily retired from her services."

Has the final orders been issued and the Government servant compulsory retired?

Anyhow, disciplinary proceedings in respect of public servants are governed by statutory rules; there are inbuilt provisions for appeal, revision and review. Moreover, the orders are judicially reviewable.

Why the High Court has been moved - what are the reliefs sought? Please note that in disciplinary proceedings, except in exceptional cases, no judicial remedy is possible at interlocutory stage.

Anyhow, an advocate notice is perfuntory and  ill-advised.

1 Like

Madhusudan G R (Advocate)     11 June 2020

Final orders stating she is found guilty of the charges levelled against her have been issued. The order also states about recovering the the amount with 18% interest. At the same time, she is compulsorily retired.
Writ petitions challenging the said orders r filed. Court notices are yet to be issued. Process fee is paid. Hence, the respondents may not b aware.
Hence, lawyer notice duly informing about filing n about preliminary hearing.
Meanwhile, attempts of recovering without giving her notice is illegal, that too when the matter is before the count is highly condemnable.
This I want to bring to their notice in the lawyer notice as posting of court notices may take some more time.

P. Venu (Advocate)     12 June 2020

There is nothing illegal in effecting the recovery when there is no stay granted by the High Court. Moreover, this is service matter involving disciplinary proceeding. The High Court or the Administrative Tribunal would entertain such applications only after the departmental remedies are exhausted. Has the Government servant pursued the remedy of Appeal or is it that there is no provision for Appeal?

Dr J C Vashista (Advocate)     13 June 2020

@ Madhusudan GR,

What is your locus standi / concern with the inquiry against deliquent official ?

Whether the disciplinary committee has awarded any punishment to the DO ?

Sudhir Kumar, Advocate (Advocate)     15 June 2020

No fruitful advise can be givenby anyone who in this case, has not seen the papers, which I belive by now may be around 5-10 Kg.


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