Govt. departmental inquiry

https://www.lawyersclubindia.com/forum/Govt-departmental-inquiry-63638.asp

https://www.lawyersclubindia.com/forum/Govt-departmental-inquiry-63631.asp

You questions

1.    Whether the employee can be charge sheeted without any preliminary inquiry and if the preliminary inquiry has been held whether the individual should be called or not to explain his position .  

Ans :    Preliminary inquiry is not mandatory.  Some deptts have made this a policy to do so.

2.      If a general discussion was made with the employee  without giving an iota of doubt, whether the same can be construed as departmental inquiry.  

Ans :    no it is not depttl inquiry. Deptll inquiry is made on summon base don a chargesheet .  Such discussion can be basis of a chargehsheet.

3.      In the Govt. Department, the official who is doing the preliminary inquiry, touring to another place , how the tour will be issued by the Head of the Department.  

Ans : It is not clear what do you mean.

4.      Can the Department Head need not mention about the reason for the tour or it should be made in the tour order that he has been ordered to visit  another place for  preliminary inquiry.  

Ans : It is not clear what do you mean.

With regard to Point NO.2, what it meant was whether  " GENERAL DISCUSSION WITH AN EMPLOYEE  WHICH THE MANAGEMENT LATER MADE IT AS FACT FINDING REPORT".  Is it correct .  Further the Officer came on tour for some other purpose(Tour Order is to Assess the overall situation of the sub-ordinate office). As far as Point no.3 is concerned,  my direct question is " WHETHER THE TOUR ORDER IS FOR SOME OTHER REASONS AND DEFINTELY NOT FOR PRELIMINARY  INQUIRY, AND HOW HE CAN GIVE A FACT FINDING REPORT?  Is it  correct Govt. Procedure.  Or is not necessary for the Govt. Department to mention about the reason for the tour  and later to be converted as Fact Finding Report or some other Terminolgoy.  The so called offence is that the indivdual has not  done his duty and participated in the strike..  The individuals has been forced by the Union to participate  in the strike and the Department instead of taking action against the Union leaders or all of the employees other than union leaders, but  selectin only 3 out of 40 is not vindictive action of the managament.  

You are under a very very mistaken impression and tend to waste your energy on issues other than defending the chargesheet in departmental inquiry.

You fresh queries are replied as under:-

With regard to Point NO.2, what it meant was whether  " GENERAL DISCUSSION WITH AN EMPLOYEE  WHICH THE MANAGEMENT LATER MADE IT AS FACT FINDING REPORT".  Is it correct .  

Nothing materially  wrong.  Even if during general discussion the employee has given information against him and if the same can be corroborated by other available material, this investigation can be a basis of chargesheet.  The rules do not prescribe any procedure for investigation. The elaborate and meticulous procedure is there for departmental inquiry. The officer is before securing evidence, not bound to intimate that he is investigating an offence.

Further the Officer came on tour for some other purpose(Tour Order is to Assess the overall situation of the sub-ordinate office).

Assessing overall situation does not mean that he will only check lights/fans taps and sanitation.  He is duty bound to see what is necessary for restoration and future maintenance of discipline in office.

As far as Point no.3 is concerned,  my direct question is " WHETHER THE TOUR ORDER IS FOR SOME OTHER REASONS AND DEFINTELY NOT FOR PRELIMINARY  INQUIRY, AND HOW HE CAN GIVE A FACT FINDING REPORT?  Is it  correct Govt. Procedure.  

There is absolutely no provision for any special tour to be conducted by an officer and then report a misconduct to superior officers.  His report cannot be ignored on this count. Even your subordinates have a right to report your misconduct to the CVC even though they are in the office for some other purpose and happen to observe the misconduct.

Or is not necessary for the Govt. Department to mention about the reason for the tour  and later to be converted as Fact Finding Report or some other Terminolgoy.  

TA Rules do not have any provision that the detailed purpose of tour must be mentioned.  Even if such purpose is mentioned the Govt servant on tour not be bound to ignore each and every aspect of the public functions of the office in which he has toured. Higher officials are free to get a surprise investigation in the guise of any other visit.  Further even if the officer was deputed for some other purpose and has come to know of a misconduct, discussed with the SPS and got no satisfactory reply and submits a report, the superior officers do not have a choice to ignore the same as they are also Govt servants and bound by Conduct Rules.

The so called offence is that the individual has not  done his duty and participated in the strike..  

Participation in strike is not a “so called misconduct” it is a misconduct proper.  It is violation of laid down rules and instructions.

The individuals has been forced by the Union to participate  in the strike

This is for the individual to prove in the Inquiry. As per laid down you have a right to have the services of a service/retired employee of Central/ State Govt Deptt/undertaking to defend your charges during inquiry.

and the Department instead of taking action against the Union leaders or all of the employees other than union leaders, but  selecting only 3 out of 40 is not vindictive action of the management.  

This is for he individual  to prove in the Inquiry. If he can prove so he can challenge the process as discriminatory. Such challenge may not sustain if there is intelligible differentia  between him and other employees. Such action will lead for him to have battery of enemies against him in the deptt.

So better plan for defence of chargesheet.