domestic enquiry under CDA Rules
hkc
(Querist) 03 November 2009
This query is : Resolved
in 2006 one vigilence case was registered regarding wrong settlement of claim against my department and me. the vigilence officer took a year and submitted report concluding wrong settlement of claim on technical ( acadmic/administrative ) ground. chargsheet was issued to officials who processed the file, recommended the file and me who approved the file. all of us submitted explanation citing the reasons that claim file was approved rightly as per correct interpretation of the policy conditions. we also collected the technical opinions of highest ranked faculty in insurance. the management issued administrative warning "censure" to all other 3 officials before the promotional excercise and they were considered for promotion and infact one was promoted. i was not communicated any thing and case was kept pending.i didnot get my promotion though i was one of the sr most as well had quallified the written exams for promotion.
after one year,departmental inquiry was set up and first hearing was held after 4 months. the IO concluded the inquiry on first hearing as i stood on the point taken by me earlier i.g. the claim was rightly approved and the charges were bad vis a viz the law & principle of insurance.
after conclusion of inquiry the IO didnot submit the report till the next promotional exercise was over. i was again not promoted though i was rather the sr most and again quallified the written exams for promotion.
till date i have not been communicated any thing and i am afraid the management want to keep the matter pending till next promotional exercise which is due in april'2010.
please advise me
01. there is any law or provision under CDA rules where i can challnge the delebrate delay in disposing the matter?
02. whether management can impose any penalty more than warning which was given to other chargesheeted officials.( charsheet was same in all the cases).
03. whether i can claim my promotion from retrospective date.
i would like to add that i had bad relations with one of the high ranked official who happened to be the competent authority in this case, as i was associated with union actiities.
kindly advise and oblige.
Raj Kumar Makkad
(Expert) 03 November 2009
1. Law of natural justice is available to all the citizens of India. Definitely an injustice and discrimination is constantly been made with you as described in detail. It shall be appropriate if you approach HC in this case.
2. No. management cannot make any discrimination with you.
3. Yes. Because promotion has been withheld due to delay on the part of management.
