Departmental enquiry
rajasekaran.m
(Querist) 13 August 2013
This query is : Resolved
In cotinuation of query and reply provided by your experts let me provide full deails about my case.
While I had been working in the autonomous body I was very much sraight forward,blocked all the illegal activities happening in the Department by sending petitions to the Ministry,CVC other relevant agecies.
While I was doing so, a lady came to my room and attempted to bribe to me to get two of her cadidates appointed on casual basis.Getting angry on her action shouted and forced her to leave the place and she left at once.She was not known to me earlier.
Later, I filed a complaint to the Director of the Organisation about the behaviour of the lady.Butno action was caused on her.
After three days,I was served with a letter and called explanation,alleged therein that I had abused the lady with filthy and unparliamentary words.On seeing the letter I had not only shocked and replied that I had not abused the Lady with filthy and unpaliamentary words and asked to refer my complaint sent earlier.The Management did not do any thing on that.
After the lapse few months I was served with a letter and informed that my explantion was not satisfactory and ordered to appear for an enquiry.
Again,before attending the Enquiry I questioned the validity of the enquiry as it had no charge sheet and no time was indicated to attend the enquiry.But the Management did not care.As a result I did not attend the enquiry but the management even without a show-cause notice dismissed me from service on exparte basis with the charge I had sexully harassed the lady.
Then I filed the Writ petition in the High Court Madras,which not only vitiated the whole proceedings but also ordered to conduct the enquiry afresh by framing the charge sheet and with a new enquiry Officer by paying subsistence allowanc.
This time the Management framed the charge sheet that I had sexually harassed the lady and brought witnesses.When I asked the management on what basis this charge sheet was framed as I was called for explanation only for filthy and unparliamentary words and no witness at that time, they did not respond.Similarly,they did not allow me to inspect the documents and information called for, though I was entitled as per the rules of the Departmental enquiry.Also,they did not pay the subsistence allowance during the course of the enquiry.However,on completion of the enquiry,on filing the contempt petition I was paid with the subsistence allowanc.
Again as per the orders of the Supreme Court cases of sexual harassment could be enquired only by a Committe constituted as per the orders of the Apex court but not followed in my case.
The Management did not allow me to have a defence assistant from out side, tough I am entitled to have that.Because of that I did not attend the enquiry fully and not replied the show-cause notice this time, for want of documents and information called for.With out,caring that again they dismissed me from service.After that the single Judge High Court Madras on filing the case dismissed my case claiming ever thing is in order.The High Court bench too did not entertain my case and dismissed it.After that, for want of money I could not file the case in the Supreme Court.
Raising all the queries when I filed petition under the RTI Act,the Management did not reply.However, I prefered II appeal to the CIC and awaiting reply from there.
My intention is once I get the documents,could approach the High Court to re-open the case and conduct the proceedings.Secondly,had they conducted the enquiry without suspicion the documents called for through RTI Petition could have been provided but their silece prove that they are not confident of the case and prove their apprehension.
Moreover,when they had called for explanation only for filthy and unparliamentary words only, on what basis they could frame a charge sheet for sexual harassment.Under which rule,filthy and unparliamentary words were included as sexual harassment.
If needed more information would be sent later Sir.
Kindly provide your reply.
RAJASEKARAN.M
Guest
(Expert) 13 August 2013
From the whole description, it is not clear on what point you want reply from experts. You could better have posted the present description on the same page on which your original query exists. Nobody would like to spare considerable time to make a search of your original query and then link the present description also with that query.
Advocate Sastry
(Expert) 13 August 2013
From the details given, I feel and it appears to me that your Management is not happy with your straight forwardness and in sending petitions to Ministry and CVC etc....hence the entire issue came... Wait for the order on your appeal...
Rajendra K Goyal
(Expert) 13 August 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 16 August 2013
Confine to the original query and post any subsequent question there only instead of starting a new thread.
Rajendra K Goyal
(Expert) 16 August 2013
Post your subsequent query on the same subject in old thread instead of starting new.
Sudhir Kumar, Advocate 
(Expert) 16 August 2013
is it at following?
http://www.lawyersclubindia.com/experts/Departmental-enquiry-415041.asp#.Ug45un_Qzmk
rajasekaran.m
(Querist) 06 May 2015
For a wrong judgement can I sue the Judge of a High Court by invoking section 80(1)of the CPC 1908.
The Law empowers me, as the Judges too happened to a Public Officer as per section 2(17) of the CPC and violated Article 375,14,16 & 141 of the Constitution.
Should I send the Notice to the Judge first followed by a complaint to the Chief Justice of the High Court concerned.
Also, for not having issued the document called for under section 74 & 76 of the Indian Evidence Act 1872, by a Public servant,after issuing notice under section 80(1)of the CPC 1908, can I file the suit in the Court of District Munsif & Judicial Court against the Public servant for order under section 19 & 80(1) of the CPC 1908, for which what is the fee to remitted to the Court. Please remember it is a Public document under section 74(1)(iii) of the Indian Evidence Act 1872.
Kindly provide your answer.
rajasekaran.m
(Querist) 06 May 2015
In a private complaint filed in the Court of the Judicial Magistrate, on issuing a NBW against the accused to the Police, they had not executed it till date for more than 3 years. The Magistrate now ordered me to execute the NBW with the assistance of Police at my cost.This I understand is against section 72 of the CrPc 1973, as it is the duty of the Police to execute NBW and in no way mandates me to get it executed. Is the order of the Court right as per law.
Guest
(Expert) 06 May 2015
Why not, if you are sure about wrong done by the magistrate? You can try to set a precedent for others.
