cancel of warning letter and imposing formal punishment
meee
(Querist) 22 November 2013
This query is : Resolved
I'm working in CRPF as SI. On jun 2013, i tried to hang myself in govt quarter due to family problem but saved my life by my wife and nighbours. Also, Doctor mentioned in report as Delibrate self harm.Then my dept formed a board of officers (3 person) to condut court of enquiry and submitted their report after 3month (Mar 2013) from the date of incident. In that report, my act is mentioned as not intention to commit suicide. Then i got warning letter on Aug2013 by commandant . But now DG HQ of my dept ordered to impose minor punishment. In this situtation, how can give formal punishment after expairy of 3 month where already gave warning (warning is not a punishment in CRPF) letter for same act. Is any indian rule to cancel "Warning" letter and impose formal punishments (increment down, rank down, holding promotion, censure). Please help me sir.
Sudhir Kumar, Advocate
(Expert) 23 November 2013
warning amounts to closure of proceedings and in such case the case can be re-opened :-
(i)by Appellate Authority within 6 months or by Revisionary Authority at any time.
(ii) after iseu of SCN to the employee
in your case the DG appears to be sufficiently higher than appellate authority in case of Gp-C employee.
meee
(Querist) 23 November 2013
in
court of enquiry report, there is no intention to commit suicide on the
part of myself. Then how can decised that i attempeted to commit
suicide. Is no value on the report of court of enquiry..? May i ask the
report of court of enquiry while preparing my defense statment.?
Rajendra K Goyal
(Expert) 23 November 2013
Have you received any letter from DG HQ in this respect. If so draft your reply based on the letter or any revised punishment.
R.K Nanda
(Expert) 23 November 2013
nothing more to add.
ajay sethi
(Expert) 23 November 2013
repeated query no reply
T. Kalaiselvan, Advocate
(Expert) 23 November 2013
I think your higher officer was right in modifying the punishment from warning to some other kind of minor punishment and is as per law and conforms the service regulation especially in the event of the doctor's opinion to the cause of injury stating 'deliberate self harm' In uniform services in-disciplinary activities will be viewed very seriously, so go through the service regulations especially conduct rules thoroughly and see if there was any lapse in awarding/modifying the punishment by the higher officer.
Rajendra K Goyal
(Expert) 25 November 2013
Nothing more to add for repeated query.
meee
(Querist) 01 December 2013
Sir, the earlier issued warning letter, mentioned that i had MOCK for commiting suicide. but in charge sheet, mentioned as i had ATTEMPT to commit suicide.Here itself contradiction. May i ask to clarification.? Also, the Court of Inquiry (COI) is not considered while framing charge sheet and not recoreded any statment from Doctors while COI. The COI report in findings that I HAD MERELY ON THE SPUR OF THE MOMENT AND THERE IS NO SUICIDAL INTENTION ON THE PART OF INDIVIDUAL. Also, the charge is framed by Assistant Commandant. The warning letter was issued by Senior Commandant. So how to frame charge by lower rank officer where already given warning by his suprior. Please help me sir.
Also there is no any direcet letter received by me from DG. From the DG office, instructed to IG & DIG to take action as minimum for minor punishment which will exmplary for other personnel. Otherwise the force image me be tarnished.
