Challenging the charge sheet.
J SRINIVASAN
(Querist) 10 December 2012
This query is : Resolved
I was suspended by the management on 25.06.2011. Subsequently case(FIR) was lodged on the same date and I was sent to Jail on 26.06.2011.
As per the CDA rules of the company, suspension order should accompany with the charge sheet or at least within 7 days of issing the suspension order.
The management produced before me the charge sheet on 25.06.2012 , merely after a year. Is this delay can be challenged before the court of law ? . Please advise....
Nadeem Qureshi
(Expert) 10 December 2012
Dear Querist
it's depend on the detail facts and circumstances of the case.
feel free to Call
Guest
(Expert) 10 December 2012
Any reason to post your query under the category of criminal law when your departmental case and police case have to be dealt with separately, and you have a query here pertaining to your suspension?
However, if your CDA rules are quite specific about charge sheet to be issued within 7 days of suspension, you have a point to challenge your suspension or even the charge sheet. But, it is also very crucial whether you appealed against your suspension or not after lapse of 7 days to the appellate authority, as per the CDA rules.
J SRINIVASAN
(Querist) 10 December 2012
dear dhingra sir, after comming out on bail i.e., on 17.10.2012, i have sent an appeal to the management for review and revoke the suspension . till date they are not responding . thanks for the advise.
Sudhir Kumar, Advocate
(Expert) 11 December 2012
other query t
http://www.lawyersclubindia.com/experts/Case-and-Departmental-Enquiry-356331.asp#.UMZ5C6yRL08
http://www.lawyersclubindia.com/experts/Queries-may-please-be-replied--356346.asp#.UMZ5DqyRL08
Raj Kumar Makkad
(Expert) 11 December 2012
There is no use to raise repeated queries on the same issue.
Guest
(Expert) 11 December 2012
Management is a wider term, BUT appeal has to be made not to anyone else of the management, except the designated appellate authority. You cannot expect any response from the management, if the appeal is not addressed to the proper and designated appellate authority.
J SRINIVASAN
(Querist) 11 December 2012
thanks dhingra sir , for valid point
Guest
(Expert) 11 December 2012
You are welcome.
Sudhir Kumar, Advocate
(Expert) 25 September 2013
You have been query in multiple threads almost repeating the same thing.
http://www.lawyersclubindia.com/experts/Queries-may-please-be-replied--356346.asp#.UkMMQH_Qzmk
http://www.lawyersclubindia.com/experts/juristiction-clarification-357856.asp#.UkMMPH_Qzmk
http://www.lawyersclubindia.com/experts/Service-Law-rules-425156.asp
http://www.lawyersclubindia.com/experts/suspension-letter-appended-conditions-387071.asp#.UkMMM3_Qzmk
http://www.lawyersclubindia.com/experts/Challenging-the-Charge-Sheet--358001.asp#.UkMMOX_Qzmk
You are spreading facts in all these multiple threads and you are only the looser despite the fact that you are in the tightest corner. You are confusing the experts.
