Suspenssion and chargesheet

Dilip G. Khavnekar (Querist) 20 February 2015 This query is : Resolved
Can a employee (Dismissed) give a challenge in the court if he received a Charge sheet after four months of his suspension and subsequently dismissed from service by holding a absolutely bogus inquiry? He can prove the Inquiry was a drama just to throw him out of service

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Guest (Expert) 20 February 2015
Yes, but 90% chances of failure are there. So, not advisable before exhausting the departmental channels by submitting appeal in time to the departmental appellate authority against the punishment order issued by the disciplinary authority. If no appeal is submitted to the departmental appellate authority, the court can dismiss the petition with the plea that the employee has not exhausted the departmental channels for seeking justice.

Rajendra K Goyal (Expert) 21 February 2015
First avail the departmental appeal process and if the same is rejected, consult some senior lawyer dealing in such cases.

ajay sethi (Expert) 21 February 2015
agree with dhingraji

T. Kalaiselvan, Advocate (Expert) 22 February 2015
As advised by experts, first exhaust the remedies available before you fully and then approach court for relief and remedy if you dont get one locally.

Sudhir Kumar, Advocate (Expert) 28 February 2015
"Charge sheet after four months of his suspension"

NOTHING ILLEGAL PER-SE.

Inquiry was a drama "

NOT CLEAR WHAT WAS THE PROCEDURE FOLLOWED IN INQUIRY.

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