Dear friends,
my friend is in government service governed by the central government rules. he has some matrimonial disputes and being known to this that the matter is subjudice, the HOD of the said department initiated an inquiry under rule 14 for penalising major penalty.
my friend objected to this vide rule 12(2) of CCS(CCA) Rules that since the HOD is personally concerned with his case, he can't act as disciplinary authority in his case and prefer an appeal to Appellate Authority of the said department but surprisingly the said request has been disposed by the same disciplinary authority and later on the same disciplinary authority has put my friend under suspension pending criminal case against him (a 498-A case was filed by his estranged wife).
later on the EO followed the same path as suggested by the HOD and concluded inquiry ex-parte without disposing of the representation of the delinquent employee.
the delienquet employee later submitted his defence brief and the EO has found him guilty of the offences, which is still pending before supreme court of india. now the HOD has sent the EO report for comments of the charged employee.
the employee prefer an appeal before CAT, PAtna praying for interim relief that the HOD may be restrained to pass any order based on the report of bias EO.
the CAT, PAtna has entertained the application and notice has been issued to government but refused to give the interim relief on the grounds that how we can directed an HOD to pass any order.
the question is now this that whether my friend can prefer an appeal before High Court because after receiving the defence brief of the charged official the bias HOD can passed immediate order for imposing major penalty on him and will make the earlier application of CAT, infructues.
my learned friend can you guide me with suitable remedy as the charged official has to give his defence brief before 1st of february, 2010.
it is very urgent so please suggest with some case laws.
