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sanjay kulkarni (civil engineer)     17 November 2015

Supreme court / hc rulings on non holding enquiries once res

I was working in a local self govt.Due to some internal office political activitis i decided to resign and i mentioned to my authorities personally.But my office rivals/competitors intentionally made its issue and shaking hands with local newspaper reporters started posting defaming news in bold headings.So i confirmed to resign and send letter of resignation.Uptil Then and upto acceptance of resignation my authorities didnot informed me about any enquiry only mentioned in referance letter which was issued to me on the last date of notice period that i accepted.After that preliminary enquiry initiated without issuing me any notice/letter,intimation. But after that authorities accepted my resignation conditionally by holding my retirement benifits.

As my resignation is accepted can 1) Enquiry be conducted as there is no relation of employer and employee left 2) can authority accept conditional resignation as i was ready to face enquiry but notice/intimation letter/charge sheet was not issued to me.

Can any expert post a light with trens-citation,ruling of high/supreme court in this matter.



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 3 Replies

Kumar Doab (FIN)     17 November 2015

What is the opinion of your own lawyer. It is felt that this query has been discussed earlier also.

sanjay kulkarni (civil engineer)     17 November 2015

my lawyer is in the view that "as preliminary notice of inquiry or any intimation regarding this has not been issued by anyone-employer or inquiry officer and resignation accepted they will have to stop inquiry proceedings if any already started".But to put it on concrete foundation i need some supportive citations/case laws. 

Kumar Doab (FIN)     17 November 2015

If required your lawyer will cite fit judgment at appropriate time......and opine that you can approach DCDRF for retrial benefits...

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