Departmental inquiry
Mustafa Bhat
(Querist) 14 May 2014
This query is : Resolved
Sir,
I had two departmental inquiry before this third inquiry was initiated against me & charge sheet was issued against me for violating the service rule for contracting second marriage , i showed the charge sheet to my lawyer, he advised for writ petition for quashment of charge sheet because i am Muslim already divorced my first wife before contracting second marriage.In first two enquiry it is found that i have divorced my first wife well before contracting second marriage however by not taking permission for contracting second marriage i have violated service rule 22.
In so far as Rule 22(1) is concerned it says that; “22.Bigamus marriage; No Government employee who has a wife living shall contract another marriage without first obtaining the permission of the Government, not withstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him”.
My lawyer filed a WP in hon'ble high court even though i signed all the sheet,but in it my lawyer has written that we pray for reinstate of applicant while as i was never suspended,even though we made correction initially, but later forgot or it skipped out of mind of the steno of lawyer & i signed with the impression that the correction would have been incorporated.But on receiving the WP I found it same as it was before correction.
The court had already issued direction to my departmental not to take any action, however to continue with the enquire without taking any action, & kept for next date hearing after 3 week with a copy to respondent.
My is query what do with the pray of reinstate as it is wrongly written in WP as I was never under any sought of Suspension
ROHIT SHARMA
(Expert) 14 May 2014
1. The anomaly created by the usage of such phrase in the W.P. is of no consequence.
2. It can mean in other words that your employment be deemed as to be not effected by such inquiry.
3. The Court too has obviously not commented on such misdirected clause.
4. Just take it easy and give your best evidence before the inquiry committee as that would amount to seek remission of insubordination to have disparaged such rule which you never had intended to violate.
Adv. Rohit Sharma
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Guest
(Expert) 15 May 2014
Frankly speaking, your advocate has wrongly guided you to file a writ petition to quash the Charge Sheet by the department. The charge sheet is for your misconduct about not taking permission for 2nd marriage even though you divorced your first wife. The court is not likely to intervene in the administrative process about your obligfation in employment unless some injustice is done to you by your department.
Secondly, your advocate has also committed a mistak by seeking relief about your reinstatement, which is not the case. This may again weaken your case, as the department would say that you have not been suspended.
So, the fate of your infructuous case is sheer waste of your time and money, whereas you actually need to defend your case within your own department on the issue of misconduct in employment.
P. Venu
(Expert) 15 May 2014
Some facts are misreported or misconceived. There cannot be more than one inquiry on the same misconduct.
Rajendra K Goyal
(Expert) 15 May 2014
You should defend yourself in the departmental inquiry. Agree with the expert PS Dhingra ji.
Mustafa Bhat
(Querist) 15 May 2014
R K Goyal & PS Dhingra Sir
I had two inquiries before this one headed by the Superintending Engineer & Second by the Additional Secretary, The first inquire concluded that I sermonized 2nd marriage after 6 months after divorcing the first wife.
Second Inquire was ordered by Secretary of the Department & Add. Secretary was nominated as inquire officer. But no information was given to me about this inquiry, were in the second inquiry officer concluded " From pursual of records it reveals that employ has contracted 2nd marriage in violation to employ conduct rule 1971 by not seeking permission from the competent authority & is liable to be dealt under civil service classification Control & appeal rules 1965.Before taking action the authenticity of divorce deed is to verified and accordingly further course of action be initiated.
Then abruptly charge sheet was issued against me for Violating Rule 22.
As I cleared them in first inquiry also that after divorce I do not need to seek permission.But they had the impression that even after divorce I have to seek permission for Second marriage.
So this was my query & query with the pray of reinstate as it is wrongly written in WP.
So what should do for it.
Guest
(Expert) 15 May 2014
Dear Victim,
You are probably confused between two different aspects, i.e., initial stage investigation and the departmental inquiry parts of any disciplinary action. A Charge Sheet is issued only after first stage initial investigation for which the employee gets opportunity to defend himself. Further, you have not mentioned whether the inquiry by SE or the Addl. Secretary was made after issue of charge sheets to you or were of the nature of investigation without issue of any charge sheet. If you have received only a single charge sheet so far, you cannot say that you have already undergone two inquiries and the present one is the third inquiry. if you have already undergone two inquiries, you have not mentioned what penalty was imposed on you separately in each case of inquiry.
A charge sheet is issued to an employee to enable him to properly defend himself by providing full facts, which might not have come up during investigation stage.
Still further, you have not mentioned whether the present charge sheet has been issued under Rule 14 (major penalty case) or Rule 15 (minor penalty case) of the CCS (CCA) Rules.
So, if you have received only a single charge sheet so far, you were required to defend your case departmentally, not through court of law/CAT (as the case may be), as the courts/CAT normally do not interfere in the adminstrative process of any department until injustice is done to the employee by award of any unjustified punishment in the case. So, that is why I tried to make you aware of the fact that filing of a case in the court was not justified on your part, as was quite premature without exhauting normal channels of the department prescribed for any disciplinary proceedings.
About the charge, your contention is not correct, as necessary permission of the competent authority was necessary for the 2nd marriage even after divorce.
Som better recheck what is the actual position about your investigations or inquiries and charge sheets.
What I feel, you need to take personal consultation from some expert in service matters by showing all the case related documents to him, so that your case is not misdirected to your disadvantage and to take some serious turn against yourself only.
M V Gupta
(Expert) 15 May 2014
Obviously the querist seems to mistake the show cause notice and the explanations given by him as inquiries. As advised by experts wP was not called for. Better consider withdrawing the WP after consulting ur advocate and defend urself in the enquiry proceedings.
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
As rightly observed by expert Mr. Dhingra, you seem to have committed some blunder mistake by not understanding the issues properly and blindly followed your advocate like a flock of sheep. On a careful analysis, it appears that you have not exhausted the remedies available before you to approach the departmental inquiry n a proper way, instead rushed to the court of law under some misguidance. At least now handle things patiently and proceed as advised by experts.
Mustafa Bhat
(Querist) 19 May 2014
Thanx to all respected Experts for their Valuable advise.
Guest
(Expert) 19 May 2014
You are welcome.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
You have badly mixed up the issues. My long experience in disciplinary matters is of no use to understand your case the way you could describe.
Someone needs to see all papers before commenting in productive manner.
