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Regarding charge for major penalty

(Querist) 13 March 2014 This query is : Resolved 
If one's brother has appeared in an written examination for job in the same department in which he is working. And the person has participate in the examination process as an evaluator only but has not scrutinized his brother's answer sheet. Also his brother is not selected and there is no any manipulation or irregularity in the said answer sheet. In this case can the person is charged with major penalty if yes under which law?
Guest (Expert) 13 March 2014
On the basis of your description the charge cannot be justified. However, nothing can be construed from your description without going through the actual charge.
Rajendra K Goyal (Expert) 14 March 2014
On the basis of the given fact no charges are justified.
T. Kalaiselvan, Advocate (Expert) 14 March 2014
I agree with the experts that if what you say is to be taken as fact, no charges will be maintainable.
Sudhir Kumar, Advocate (Expert) 16 March 2014
I am unable to agree.

The facts stated by you are very sketchy.

It only appears that the employee participated in examination process where his brother was candidate without informing the high authorities.

Preponderance of probability may indicate that he has hidden material information from higher authorities to ensure that he is not recover from examination process.

Prima-facie misconduct of lack of integrity is complete at this stage.

It matter little whether he could or could not succeed in conferring undue favour on his brother.

Case calls for major penalty.
T. Kalaiselvan, Advocate (Expert) 16 March 2014
Until the author is not coming out with full details/facts, no presumptions can be made on the basis of which different opinions are given.


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