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Dr T.A.Vasu (Retired Professor of surgery)     17 February 2011

memo of charges - unwanted

I am a government Servant. I have been given a memo by my superior. I have given an explanation which was satisfactory to me. (I have been given a memo for not doing a particular work. But that particular work should have been done in an employee of another institution which is about 15 km away from my office.)

He, on receiving the reply, issued memo of charges and statement of allegations. (same)

It has been closed after 3 years, when new superior took over.

Can I approach a civil court for compensation for mental agony of last 3 years?

can I approach the SC commission for remedy? (I am SC, he is not.)

 

 



Learning

 5 Replies


(Guest)

Dear Dr. Vasu,

You can sure have the liberty to approach the civil court for compensation for intentional mental agony caused to you by your superior, if you can effectively prove that and that the case has officially been closed by issue of a memo with due reason to justify the closure of the case.

 

To approach SC Commission is your right, if you have been intentionally harrassed out of malice of your superior towards your being of SC community.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]

Kirti Kar Tripathi (lawyer)     04 March 2011

 

 

Once matter is closed, the same can not be agitated. moreover, after a long span of time as you said in present case of three years, no misconduct is can be taken into account for disciplinary proceedings unless it was stayed on account of any previous proceeding whether departmental or judicial and/or it amount serious financial irregularity or moral turpitude or gross insubordination. this in present case, my opinion is to challenge the action of your superior.

 

Dr T.A.Vasu (Retired Professor of surgery)     11 April 2011

Let me thank all of you. for the reply.

Kumar Doab (FIN)     11 April 2011

T

The charges and allegations were leveled by a superior individual in the chair. The reporting authority

You had replied to the charges.

If based on your reply/replies the case has been closed in writing and your replies are recorded as sufficient, by another superior indivisual in the chair, you can escalate the matter and challenge the action of previous superior. In case the superior was vindictive /biased to prolong the matter for 3 years to keep you on edges, you can take the recourse in your establishment or court of law.

It shall be appropriate to show all records to a competent lawyer/law firm.

Such individual who abuse the process/rules and misuse the position/power should not be spared.

The illusion he is superior and you inferior should go or he shall continue to torment others. Let him pay thru his nose. He shall realize when he shall attend the proceedings at his cost.

 

Sudhir Kumar, Advocate (Advocate)     05 May 2014

if you want to file criminal prosecution you need permission of the authority competent to dismiss the Secretary (S/197 CrPC)
.  you have no remedy against denial of permission

 

you need to seek approval of your appointing authority if you want to file civil suit for vindicating your official conduct in court of law.


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