Personal grudge

Bhaskar Ghosh (Querist) 27 August 2012 This query is : Resolved
The head of the Department of a central government organization t is biased in favor of a particular service association and out of mere vengeance and personal grudge is trying to frame some disciplinary proceedings against me and some of my colleagues by issuing a charge sheet under Rule 16 of CCS (CCA) Rules 1965 in spite of the fact that the authority has repeatedly failed to produce any documentary evidence in claim of the charges.
The Inquiry authority appointed by him is under undue pressure from him and some officers to act according to his sweet will and whims.
Under these circumstances:-
1. Is it possible to sue him personally in the court of law even though he is supposed to leave his office within 6 months or so?
2. He is predetermined to punish some of my colleagues and me through a mock inquiry process and has declined to hear any justified reasons given by us.
3. What are the other remedial measures available to us apart from going to the appellate authority and to the court of law? Please suggest
Rajesh

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Guest (Expert) 27 August 2012
First of all, not being a case under Rule 14, inquiring authority is not appointed for the purpose of inquiry on a charge sheet framed under Rule 16 of CCS (CCA) Rules, 1965, unless the chaeged official requests for personal hearing by conduct of a regular inquiry.

About your queries--

1) You cannot sue him personally in a court of law. If he is biased and prejudiced, and you have some solid proof of his bias and prejudice, on quoting such instances you can request the appointing/ appellate authority to declare some other authority as the disciplinary authority in your case.

2) He can punish the employee based on his defence statement by speaking order quoting valid reasons for not being convinced about his points of defence.

3) You can approach CVC pointing out the instances of his bias and prejudice and issue of irregular chargesheets due to revengeful attitude.

Sudhir Kumar, Advocate (Expert) 29 August 2012
Other threads on the same subject

http://www.lawyersclubindia.com/experts/Disciplinary-proceedings-333311.asp

http://www.lawyersclubindia.com/experts/Personal-grudge-334056.asp

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