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Bhavesh   01 August 2016

Is re-enquiry/petition possible after reinstatement

The details of the case is as under.

University students took over strike against some general problems like water, lack of staff etc. But Vice Chancellor understood that acting head of University department has misdirected the students. and Vice Chancellor removed an employee as acting head of department by providing memo.

Students strike was continued related to general problems and everywhere in the city, the toipc of rude decision made by vice chancellor was discussed and also came in media like local tv news and news paper.

So to stop strike of students at any cost, Vice chancellor called emergency meeting in closed room next day with whole staff of department  and without any reason, vice chancellor had suspended acting head of department for forged misbehaviour to resolve this issue. 

Also Registrar of the University has filed a police complaint against leadig students by declaring them as antisocial elements. And at night, police in formal dress went to leading students home and threaten their family to stop this strike. 

After 5 days, Vice chancellor had assured to solve all problems of students and strike was called off.

Vice chancellor had appointed enquiry comittee. Enquiry Committee had completed enquiry without charge sheet. The point was that enquiry committee had not performed enquiry related to misbehaviour of acting head of department.

As per enquiry report, Executive Council had made a decision to reinstate acting head of department with condition to apologize in written, but not to provide any charge in future and also denied back wages.

Acting head of department had accepted decision due to some compulsion and given written apologize. 

Now my question is

Can an employee file petition to review his case which was totally forgery after reinstatement of 6 months? As employee has written an application from last 03 months to reapoint neutral enquiry committee, but denied by Executive Council.

Can suspension be done without hearing clarity of employee? An employee was not given any chance to be heard for clarity. same day memo and suspension.

Can it be judged neutrally when whole authority is at opposite side?

 

 



Learning

 6 Replies

Kumar Doab (FIN)     01 August 2016

You may show all docs on record for a considered opinion to  as very able counsel specializing in service matters.

You should have sought the counsel at the very moment you were harassed.

You should have sought the counsel before writing for reappoint committee.

 

 

Nitish Banka (lawyer)     02 August 2016

No you need to approach high court with writ petition to quash proceedings

Bhavesh   03 August 2016

Sir, But i have heard that as per supreme court judgement, once you have given written in authority, that means you accept your guilty and you can not file petition even if you have all proofs. 

Bhavesh   03 August 2016

is it so? sir

Sudhir Kumar, Advocate (Advocate)     04 August 2016

NO CLEAR VIEW CAN BE FORMED WITHOUT SEEING PAPERS.

Kumar Doab (FIN)     04 August 2016

You have hinted that you admitted under duress.

You have not mentioned which judgment?

You may show all docs on record for a considered opinion to  as very able counsel specializing in service matters.


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