How long will adjudication take in the matter ?
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
Sir,
By now almost everyone on this forum knows that I had , as part of conscientiousness and to combat corruption, assisted the Central Vigilance Commission and Director General of Audit and Central Revenues (DGA&CR) in exposing corruption in the body whose Director I was.
The DGA&CR did a good job and found more and more issues of financial irregularity in the body. The CVC also ordered a Direct Inquiry.
But those who had all got exposed got all together . First they raked up old allegations that were old and got me suspended. I remained under suspension for four years till a conscientious Judge quashed the charges and order of suspension on the grounds of mala fides but gave one more opportunity to my tormentors to objectively examine and may serve a fresh charge sheet to me if so advised.
The persons at the helms lost no opportunity in serving 15 out of 20 allegations verbatim as had been quashed by the Hon'ble Court. And appointed a retired High Court Judge as Inquiry Officer. Since the charge sheet had been issued by a person having no statutory powers , the Judgement itself been under review, and I after making my objections before the Inquiry officer was blind folded in not receiving any communication the retired Judge after charging about Rs 10 Lakhs declared the 10 out 15 charges as proved in an ex parte Inquiry.
The Inquiry was received in the office about two years back. It was kept pending so that I cannot be considered for promotion nor selected. About a year back my comments were asked upon it. I demanded the material documents that have been kept locked and denied to me.
Finally to do away with me I was given a notice why should I not be removed from service. I replied requesting the documents and hearing. When I approached the court to stay the operation of the notice during the hearing it was told by the respondents that I had been compulsorily retired. I had to amend the Petition. Then there were holidays and the Hon'ble Judge changed and the Writ had to be withdrawn to file a fresh writ. Now again Holidays are approaching. I was deliberately retired on 20.09.2010 and could not get salary of September. October is gone. And once I file the Petition in November , if at all there will be ,if I am lucky notice, reply, rejoinder and it may go on and on.
Please advise as to whether I go for litigation ? Should I look for some new job to survive myself and my family? What would be the bast course of action?
Neither the CVC who are exhorting one and all to make complaints nor the DGA&CR can help me nor could they do as the advice of the CVC to issue censure was thrown in the dust bin. May I request you to tell me is it fair to serve the same verbatim 15 out of 20 charges as had been quashed by the Court on the grounds of mala fides.
Should I go for litigation and starve or should I look for a new job with the stigma haunting me. I do not think the Court can stay anything now. My Advocate wants money as he says there have been one writ, then amendment and there will be another writ.
No one in this country can do anything to the corrupt and the department has already spent huge amount of Public money to hound me out. CVC is at he best advisory and their advice is not binding. The Disciplinary authority though indicted by the CVC and the DGA&CR has trounced me to teach one and all a lesson even if the DA is thoroughly corrupt blindly follow his orders sign all financial papers to benefit him. Never for a moment think CVC or DGA&CR or any other anti corruption agency can help an honest person. You may be subjected to false complaints of demanding bribe to tarnish you. The retired persons can sell their souls for money.
Please advise me if at all I should go for litigation and how long will it take. Any case laws to help me.
Regards,
Roshni
s.subramanian
(Expert) 01 November 2010
I understand the pain and agony with which you have penned this query in total frustration of our judicial and executive systems. But don't give up. You have a very good case for success and to leave it in the middle would be not safe and good. Go ahead with your battle for justice relentlessly. God shall be with you. Good luck.
pawan sharma
(Expert) 01 November 2010
yes, i fully agree with Mr.Subramanian.
Khaleel Ahmed Mohammed
(Expert) 07 November 2010
