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Gopi   05 December 2021

Quashing of disciplinary proceedings

Sir VAC iniated trial case in 2015 against me in a trap case.  Since I have got various docs thro RTI  in various dept in support me they got irritated n intentionally  filed 2nd FIR on me in 2016 on d grounds that I  got it out  of my influence  as well  fabricated by inserting in the file illegally  during my suspension  period.  This I don't know. Now in 5/2021 they transferred this FIR to commissioner of disciplinary proceedings with additional corruption demand charges.  I know they intentionally foisted this case.  Can I move to HC to quash this on merit?  



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 3 Replies

Sudhir Kumar, Advocate (Advocate)     21 December 2021

you have not been able to convey facts.

 

It appears that perusal of relevant documents is absolutely esential for forming any view on the issue.

Archana Pandey   03 February 2022

Dear Mr. Gopi, 

Trust the justice, since you have all evidences in hand. Under Section 482 crpc, HC will quash the proceedings itself if it finds that this has been done to harass or defame someone. 

Sudhir Kumar, Advocate (Advocate)     04 February 2022

Not able to agree or disgreee that High Court will quawsh the proceedings. Afivce on quahsing of proceedings is a serious business and cannot be rendered withoout knowing the facts.

Mere fact that criminal case is going on this is no ground to quash departmental proceedings.

In case you do not want to suffer an incorrect advise.  Please come clear with the facts :-

 

  1. what is charge in first FIR
  2. what is charge in first DP
  3. what is charge and evidence in 2nd FIR
  4. what is charge and evidence in 2nd DP.
  5. since when you were suspended.
  6. who has transferred FIR to commissioner.
  7. 8. In which capacity the commissioner will be dealing with the FIR

It may be better if you consult a counsel well versed with disciplinary proceedi9ngs with all the papers (which I believe that by now will be 10 Kg.

Further, any govt employee facing departmental inquiry has a right to call any service/retired govt servant tyo argue in his denfece.  In case the case is of technical nature then the department may (or may not) permit legal practitioner for the same.


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