Removal from service
Querist :
Anonymous
(Querist) 12 July 2011
This query is : Resolved
I have been removed from service after 24+ yrs after a departmental enquiry. The IA has reported that there was no evidence against me in the enquiry but the disciplinary authority differs and without further enquiry, summarily removed me from service.This is against principle of natural justice. Do I have a chance get redressal legally ?
M.Sheik Mohammed Ali
(Expert) 12 July 2011
if you confident and believe that the disciplinary authority have not evidence the file the higher authority to revock the service removing, if they not accept then file writ.
Raj Kumar Makkad
(Expert) 12 July 2011
You have a best case to succeed. Such action on the part of disciplinary authority is not only against natural justice but also arbitrary, against service rules, void, illegal and unconstitutional. Challenge it in HC.
prabhakar singh
(Expert) 12 July 2011
you have a good case,proceed as advised by Expert raj kumar makkad
Advocate. Arunagiri
(Expert) 12 July 2011
If the enquiry says there is no evidence, the authority is not bound by this opinion and can order for further enquiry.
But, if the enquiry says no evidence, the authority can not terminate the employee.
It is a good case to be challenged.
Out of Court
(Expert) 13 July 2011
go to HC of apropriate jurisdiction
Guest
(Expert) 17 July 2011
The question arises, whether you were formally informed about the proposal to remove you from service by the disciplinary authority while forwarding a copy of the inquiry report of the IA and asked to represent against that proposal or not?
Further, whether you have submitted any appeal or not to the appellate authority prescribed in the respective Discipline and Appeal Rules against the decision of the disciplinary authority?
