Disciplinary proceedings against a employee on election duty for not discharging his departmental du
Dinesh Pratap singh
(Querist) 15 July 2016
This query is : Resolved
an employee is there on election duty dealing with top priority isuue of Law and Order. on the same day/polling day some misshappening occurs which causes loss to the Government. Now the Departmental officers not taking consideration of election duty and no weightage is given to this fact. However the District Magistrate who was also a District Election Officer categorically stated that the employye was on election duty and was not aware of the new development of his working area and could not take the required action .
is there any law or election rule by which employees are safeguarded against this kind of double duty or liability.
dr g balakrishnan
(Expert) 15 July 2016
Under Art 226 r/w Art 14 you can file a writ for directions mandamus by the high court concerned, as you were not aware in your dept what happened as you were on election duty, attach dist magistrate's certificate as he was the Election officer; you need to argue, you are physically able to handle one function ie handling of election duty which calls for high vigilance; when so how could you keep track on your departmental duty, as you were releaved for the Election duty as your services were requisioned and your depat accepted the requisition and releaved you; releaving means that your obligations to to dept is kept suspended till i my services are surrendered by the Election authority.
you will be exonerated as you were not to be enjoined on the duty relevant if the problem happened in your official absence only.
Kumar Doab
(Expert) 15 July 2016
Based on limited understanding of the limited matter that been posted, you seem to have a ground and some merit.
However it shall be better to show the charges leveled to a very able counsel specializing in service matter and draft a suitable reply to defend in the long term.
Guest
(Expert) 15 July 2016
Your query is purely of an academic nature.
By the way, how you are concerned with the employee on election duty or his department?
Also did he belong to Election Office or some other office with name of the office?
Thirdly, has the employee got certificate of election duty from elecotal officer?
Fourthly, was he available in his own office or at the cite of any polling station?
Fifthly, if in his own office, what kind of law & order task he was doing concerning to the election duty?
R.K Nanda
(Expert) 15 July 2016
Nothing to add.
R.K Nanda
(Expert) 15 July 2016
Nothing to add.
ramesh
(Expert) 15 July 2016
your election duty is entrusted on you under R P act 1951. During the election you were under election conducting authorities. Your employers after having deputed to election duty cannot entrust official duty also in the same period.
A writ in HC will bring a relief, if authorities still ponder on you.
Rajendra K Goyal
(Expert) 16 July 2016
What action taken by department against you for so called loss?
How do you say the loss occurred during your election duty and not otherwise?
What type of loss and how it happened?
Whether the loss property was under your direct control and any other steps to protect from loss by department was taken?
Whether you were doing duty out of headquarter or otherwise?
Facts are not enough to advice, discuss with your lawyer.
Ms.Usha Kapoor
(Expert) 21 June 2018
I agree with Kukar Doab and Rajendra Kumar Goyal.
Guest
(Expert) 21 June 2018
Any object of agreeing with the advice of any expert after 2 years old query, when the querist has not replied any question of any expert to prove that his problem was real one? The querist could not even confirm his own concern with the problem.
Guest
(Expert) 21 June 2018
Any object of agreeing with the advice of any expert after 2 years old query, when the querist has not replied any question of any expert to prove that his problem was real one? The querist could not even confirm his own concern with the problem.
Guest
(Expert) 21 June 2018
Any object of agreeing with the advice of any expert after 2 years old query, when the querist has not replied any question of any expert to prove that his problem was real one? The querist could not even confirm his own concern with the problem.
Guest
(Expert) 21 June 2018
Any object of agreeing with the advice of any expert after 2 years old query, when the querist has not replied any question of any expert to prove that his problem was real one? The querist could not even confirm his own concern with the problem.
Guest
(Expert) 21 June 2018
Any object of agreeing with the advice of any expert after 2 years old query, when the querist has not replied any question of any expert to prove that his problem was real one? The querist could not even confirm his own concern with the problem.
