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Suresh S   31 December 2022

No report given after domestic enquiry

Domestic inquiry report was not served on the employee after the domestic inquiry. But Termination order was passed.

The facts of the case is that Charge memo was issued stating unauthorised absence. Reply to the charge memo denying the charges were given. After that notice for Domestic inquiry was served on the employee. Subsequently Domestic inquiry was held. The employee attended the inquiry. Inquiry Report was not furnished to the employee. But Termination order was served.

Can the employee claim for reinstatement?

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     31 December 2022

Yes, the employee should challenge the order of termination which is invalid and illegal.

1 Like

Suresh S   31 December 2022

Originally posted by : Dr J C Vashista

Yes, the employee should challenge the order of termination which is invalid and illegal.

Thank you so much for your reply, Sir.

Happy New year!

Dr J C Vashista (Advocate)     01 January 2023

Thank you very much for the New Gorgion  year -2023 and I receiprocate the same to you

 

Sudhir Kumar, Advocate (Advocate)     05 January 2023

Some facts are not clear :-

 

  1. was it a govt employment.
  2. whether terminated or dismissed
  3. whether prsons was undergoing probation?

Suresh S   06 January 2023

1.  Private Employment

2.  Terminated

3.  Confirmed

Sudhir Kumar, Advocate (Advocate)     06 January 2023

It seems challangebale.


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