Ccscca rule 14 inquiry

SUBHAMOY DASGUPTA (Querist) 21 June 2012 This query is : Resolved
Charge sheet issued and Inquiry started after lapse of more than 05 months.Is it vindicated according to rule?Issueing Charge sheet and start of Inquiry has been done after lapse of more than 05 years from year of occurance.Is it justified?Can I go to Natinal human right commission without attending any forthcoming date of inquiry?

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Guest (Expert) 21 June 2012
Rules are silent. However, Government/CVC instructions are there for expediting the inquiry within a timeframe, which are mostly ignored by the Disciplinary Authority and the Inquiring Authorities.

Sankaranarayanan (Expert) 21 June 2012
hahaha well said by my learned colleague , Law are clearly indicated and given time frame for all but when it is used and going to use is big debate question

Sudhir Kumar, Advocate (Expert) 21 June 2012
I disagree with Mr Sankar Narayanan. Law does not lay down time frame for inquiry. I say so by virtue of experience. The delay is judgeed by the reasonability.

I will be very happy and stand enlightened, if I could be shown legal provision.

Normally the delay of five years doe snot appear to be justifiable. But at the time facts are stranger than fiction. No concerete view can be taken if the nature of charges are not known. For example some persons are chargesheeted after failure of criminal case on technical grounds.

The querist cannot go to NHRC as it is not the appeallte forum for disciplinary proceedings. He proposes to go to NHRC without attending inquiry. Such step will be great help to the department to throw him out unheard.

Normally one cannot go to Court at Inqiry statage He can challnage the same before CAT and try luck.

venkatesh Rao (Expert) 21 June 2012
Mr Sudheer Kumar has aptly put it. It is not the law that fixes time limit but the executive instructions.

Sudhir Kumar, Advocate (Expert) 21 June 2012
Even the executive instruction do not lay down time frame.

For example I will be happy if any expert could show any executive instrcution which stipulates that such belated chargesheet could be void.

It is the reasonableness of the delya that is hallmark.

Shonee Kapoor (Expert) 21 June 2012
The delay is not a ground for making CS void.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 22 June 2012
The delay does not invalidate teh c/sheet but unjustified delay (depending uon full facs) can be fatal. The querist has to given the details fothe case.

Sudhir Kumar, Advocate (Expert) 15 September 2012
You are splitting your query in many threads expecting the expertrs having really spare time who may hunt for the facts for you and then advise. You already hve been advised on following threads :-

http://www.lawyersclubindia.com/experts/CCSCCA-rule-14-inquiry-316086.asp

http://www.lawyersclubindia.com/experts/CAT-319716.asp

http://www.lawyersclubindia.com/experts/rule-14-inquiry-ccs-cca--318526.asp

http://www.lawyersclubindia.com/experts/Marital-Status-316191.asp

http://www.lawyersclubindia.com/experts/CCSCCA-RULE-14-314661.asp

http://www.lawyersclubindia.com/experts/inquiry-rule-14-ccs-cca--314551.asp

http://www.lawyersclubindia.com/experts/Ccs-cca-rule-14-338096.asp

Please post full facts in one thread if you need meaningful advise. This is a chartable forum.

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