Departmental inquiry
mala
(Querist) 22 May 2012
This query is : Resolved
Sir
In my cae departmental inquiry wherein the Presenting officer submitted his written brief and thereafter I submitted my written brief
I request guidance from you all experts
1. What will be the next stage, whether the inquiry officer will direct me to have my say on his report or will he submit the same to the disciplinary authority direcdctly
2. In the departmental inquiry there were 7 witnesses and all of them are irrelevant witnesses since they could not state anything and they were not at all employees of this departmenta at the relevant time since they joined later on
3 Department had send some documents and statements to the complainant which the complainant had admitted in the statement before the CBI court Hence the departmental inquiry is also vitiated
I have pointed out all these facts
What steps are to be taken by me
Nadeem Qureshi
(Expert) 23 May 2012
Dear mala
you should contact a lawyer who is experts in service matter in your area.
Feel free to call
Guest
(Expert) 23 May 2012
Dear Mala,
The I.O. will not ask anything more to you to submit. He is required to prepare his report and record his findings of the inquiry, as based on the evidence adduced during the inquiry with particular reference to the P.O. brief and defence brief and submit to the Disciplinary Authority (DA). The Disciplinary Authority will provide you a copy of the IO's report to you and ask you to submit your representation, if any you wish to submit as against the contents of the I.O. Report. Based on that the DA would be required to take your representation in to consideration, if any against the Inquiry Report, and arrive at his decision to penalise you or to exonerate of the charge.
Sudhir Kumar, Advocate
(Expert) 23 May 2012
Plaase refer to your realir thread http://www.lawyersclubindia.com/experts/Criminal-case-pending-and-departmental-inquiry-287336.asp
www.lawyersclubindia.com/experts/DEPARTMENTAL-INQUIRY-288206.asp
You might have had the help of a service or retire Govt servnt who may be well aware of the procedure. You may not have sought such heldp if you know the procedure.
If you neither know the procedure nor availaed your right to be defended through anoth Govt servant, then you may refer to the advise of Mr Dhingra with which I agree
Saibal Guha Roy
(Expert) 23 May 2012
U have not provided any details regarding the charges framed against u. However on the basis of information provided, IO wii submit his report to the DA stating therein which of the charges have been proved and which ones are not proved. The DA will give u a copy of the IO report with his observations and seek your response within a specified time. (DA can disagree with IO and he has to give reasons for such disagreement. Thereafter, based on your submission, DA wiil pass orders on punishment based on the charges proved. In such a case, u can make representation to Appellate Authority. If not satisfied, thereafter u can approach the Court.
K.K.Ganguly
(Expert) 24 May 2012
From your submission I understand that the hearing is over & both parties submitted their written briefs. Now, the Disciplinary Authority will send you copy of the report submitted by the Enquiry Officer with the recommendation for punishment,if any, after which you are to give your opinion regarding the said report.
