Making vigilance inspector third party in cat opinion
jayesh sinha
(Querist) 23 October 2012
This query is : Resolved
D.A has imposed minor penalty based on the recommendation of viglilance report and appellate authority has maintained the finding of D.A as per usual practice without applying mind to the points which I have raised to D.A.
I want experts help and advise if I file case in CAT in name of vigilance inspector (third party)by name and try to prove that vigilance inspector has made wrong interpretation of contact agreement schedule and specification to court what effect it will have on vigilance inspector,what is your opinion should I make vigilance inspector party or not if I file case in CAT.
Guest
(Expert) 23 October 2012
Your case would not stand against the vigilance inspector. You can file suit only against the decision making authorities, i.e., the DA/Appellate Authority. Wrong or right, only the decision making authorities are responsible for taking their decision.
Sudhir Kumar, Advocate
(Expert) 24 October 2012
Based on the given facts I tend to agree with Mr Dhingra and would add as under.
You hve nto described the matter fully. Mere vigilance report is not the basis of penalty. You are not even telling whether it is central/state govt deptt/undertaking/local body
Please come clear:-
whether there was a chargesheet?
whether there was an inquiry?
whether the said vigilance inspector a witness from management side?
if not from management side whether you made him witnesss?
whether you go inqwuiry report?
jayesh sinha
(Querist) 24 October 2012
there was chargesheet
there was no enquiry since it is not allowed in minor penalty
vigilance has taken statement at the starting of case
i am asking if making third party is of no use can i make call him as crosswitness in cat case if i file cat case
Kiran Kumar
(Expert) 25 October 2012
If you are raising allegations against the Vigilance Inspector then there should be no hesitation in impleading him as a respondent.
but every case has its own facts and circumstances, all depends upon the orders to be impugned, the organisational structure and circumstances which led to such an action
However, in every case you need to challenge the Vig. report.
Sudhir Kumar, Advocate
(Expert) 25 October 2012
You are absolutely wrong in assuming that inquiry is not allowed in minor penalty. In minor penalty it is mandatory if:-
(i) DA intends to impose a penalty of stoppage of more than three increments.
(ii) if DA intends to impose even less than three increment penalty but with cumulative effect.
(iii) if the accused demands an inquiry giving some justified reasons.
Had you demanded an inquiry the person would have been either management witness or defence witness. You have lost the chance for ever.
You are further mistaken. CAT is not a court of evidence and you cannot call him as a witness in CAT. If you make him respondent unnecessary (just for harassing out of revenge) he can claim damages in his personal capacity.
Mr Kiran Kumar has advised that you need to challenge vigilance report. I partially agree and would add that you have substantially lost your chance to do so.
Anyway you have not revealed what were charges against you and how do you thing vigilance inspectors report was wrong.
jayesh sinha
(Querist) 29 October 2012
my question is if an item is faulty of system or administration have drafted wrong policy can the individual be penalised for system lapases
Guest
(Expert) 29 October 2012
Wrong policy, if prepared with some bad motive or personal interest by some one only in that case the individual can be help responsible. Ptherwise, the policy can be got rectified by pointing out flaw in that to the competent authority.
But, where the role of a vigilance inspector comes up in policy making, while he being much junior in ranks and file is not supposed to be a policy maker.
Sudhir Kumar, Advocate
(Expert) 29 October 2012
you are not coming to the basic question. As observed by Mr Dhingra you are aggreived by policy which is not drafted by Vigilance Inspector. You have lost chance to challnage his report. It appears that you are keen to taken revange and have been advised that such action can make you loose further.
How would you react for being dragged in court personally when you hve discharged offiial duty.
