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Final inquiry report

(Querist) 24 April 2013 This query is : Resolved 
Hello, the State Inquiring Authority(SIA) is not submitting my inquiry report to the DOP for the last two months though all the inquiry procedure has already been completed. The officer always goes out of State on the plea of official tour. When I approached to the Secretary, DOP and requested him to intervene into the matter, the secy said "Since the SIA acts like a Judge and like one cannot ask the Judge of a High Court to deliver the judgement, similarly we also cannot ask the SIA to submit your report.So wait for another few months"
Under these situation what can I do? Should I remain under suspension so long as the SIA do not forward the inquiry report to Govt.? Pl advise.
Raj Kumar Makkad (Expert) 24 April 2013
You have no other option but to wait till the report is submitted, however, if the suspension remains in operation for more than 6 months then you shall be entitled for the grant of 75% subsistence allowance.
kehar singh (Querist) 24 April 2013
I am under suspension for the last 2 and half years and getting 75% SA.
but does it mean if SIA do not submit my report for years even then I should remain quite. Is he so powerful that he can spoil anybodys carrier?
Raj Kumar Makkad (Expert) 24 April 2013
As per facts submitted by you, the enquiry has been completed two months ago and report is still awaited. The period of 2 months is not so long to raise such grouse.

Even then you have every right to make a representation to Disciplinary Authority to demand the report from EO.
kehar singh (Querist) 24 April 2013
Sir, that is the problem. The verbal contention of Disciplinary is what I stated as statement of Secy DOP (Deptt. of Personel, Adm Reform)
Raj Kumar Makkad (Expert) 24 April 2013
You make a written representation to the disciplinary authority and seek his reply to be communicated to you at the earliest. RTI application can also be moved.
kehar singh (Querist) 16 July 2013
Sir, as per your guidance I submitted a petition to Disp Autho to call for inquiry report and accordingly the Disp Autho has sent a letter to Inq. Atho. to submit the report at the earliest. But a months has passed the latter is not moving a inch.

Now what can I do hereafter.
Sudhir Kumar, Advocate (Expert) 18 July 2013
you can seek court directions for early finalisation of report.


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