Departmentmental inquiry under rule 14 of ccs (cca) rules 1965
Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
I was seriously sick on a particular date (had not attended the Inquiry as I was of the view that the Inquiry proceedings could not be conducted at the residence cum Law office of a retired Judge of High Court of Punjab) and had informed my Department of my ailment on that particular date, to be informed to the Presenting Officer, Inquiry Officer and others. Amongst them the Departmental witnesshad actually signed on the file note initiated by the Administrative officer of my Department. I could not personally inform the Inquiry officer as I was not able to reach him but did write to him a letter speed posted to him on that date.
But the Inquiry Officer paid totalSeven Lakhs by my Department(Rs 30,000/ per sitting at his residence cum office) chose to proceed ex parte on the very day of my sickness and completed the arguments on the same day taking on record the pre- dated Affidavits(more than three months old submitted by the witnesses and of those produced by the Department.
The charges were held proved by the Inquiry officer relying on the pre dated Affidavits. The Department removed me from service after giving me notice etcetra and including perhaps (as there was no reference to my submission) considering my submission that the date on which the exparte Inquiry was commenced and evidence closed I was on leave sanctioned by the Department.
Is there any hope for me in the Court of Law where my case has been pending for more than one year due to my Advocate having joined surreptiously with the other party and due Hon'ble Judges passing it on. (I have been incapacitated to monitor the case personally due to my cardiac and demoralisation problems. To deter me my Advocate has sent me a bill offive Lacs for his preparation and his meetings with Senior Advocate.
Please comment upon the exparte conducted on the day of my sickness and I being on sanctioned Leave.
Added after reading the experts comments
"Sir,
I had sent the speed post letter to the Inquiry Officer one day before the date on which I was required to appear before him, informing him of my sickness.
I had sent even the letter by fax.
To the best of my knowledge there was no daily order sheet.
Thanks"
Guest
(Expert) 18 September 2011
It will not be proper to make any comment on your case without going through the proceedings recorded on the daily order sheets of the inquiry officer from time to time along with copy of the charge sheet. Any comment can mislead you more rather than provide any help to you. So, for the sake of findind deficiencies of the inquiry proceedings those documents are quite necessary to go through.
Can you send copies of all the daily order sheets and the charge sheet as attachments through Private message or email [dcgroup1962@gmail.com] for proper examination?
Of course one hint can be given to you that during the inquiry proceedings, you were required to state your position only to the I.O. by sending all of your correspondence or phonic/fax messages to him directly, BUT NOT to your department or the P.O. The department was not liable to communicate your message to the I.O. It was also not your duty to send any intimation to the P.O.
K.S.Srinivas
(Expert) 18 September 2011
I agree with expert Dhingra.
Raj Kumar Makkad
(Expert) 18 September 2011
Anyway! Despite of your lapse failing to sent prior intimation to EO seeking your personal exemption, your case is still good and enquiry is illegal and against naural justice. Such enquiry and more over the action of management totally overlooking your objection in this regard make your case very strong. You engage some other lawyer.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
By your version only, U have a reasonable case to fight on the ground of absence of reasonable opportunity to defend yourself.
prabhakar singh
(Expert) 18 September 2011
i agree with last two experts opinion.
