Misconduct of law offcier in psu
mukesh Gupta
(Querist) 12 July 2013
This query is : Resolved
sir,
Can a law officer of a PSU can be subjected to the misconduct for his opinions given on any issue? If yes under what circumstances?
Guest
(Expert) 12 July 2013
First of all you need to clarify about your own position in the PSU and in what way you are concerned with the opinion of the law officer?.
Secondly, are you the boss or the disciplinary authority of the law officer? If not, how would you propose to take any action against him, if some action can be possible to be taken?
thirdly, on what criteria his opinion is considered as a misconduct? Naturally, he would have given his opinion on asking by his superiors only.
Fourthly, all depends upon the superior authority/ authorities to accept or reject the opinion or advice of the law officer. So, please state whether his opinion was accepted for implemetation or not?
ajay sethi
(Expert) 12 July 2013
if the law officer has given his legal opinion after considering the material facts of the case it would not amount to misconduct .
Rajendra K Goyal
(Expert) 12 July 2013
If in the opinion material facts were considered, analyzed and than reasoned opinion was given it can not amount to misconduct.
Anirudh
(Expert) 12 July 2013
I understand that the querist is the law officer concerned. He wants to agitate against any action that is being proposed against him. The querist can confirm whether this presumption is correct.
Guest
(Expert) 12 July 2013
Dear Anirudh,
If the querist is the law officer, in that case it is not understood what prevented him to come forward with the real problem to get specific solution. Normally, the subordinates, if are aggrieved also try to get the higher executives, if no favourable advice or decision is taken by any senior executive. That is why I raised some queries to get the brief of the problem.
Even otherwise also, any advisor or consultant cannot he framed for his advice or opinion, unless he fails to discharge his prescribed duties and responsibilities. About advice or opinion, all depends upon the competent authority to accept or reject his advice or opinion. If any authority accepts his opinion or advice, only that authority becomes answerable.
Raj Kumar Makkad
(Expert) 12 July 2013
Unless you post the real facts relating to the issue, no fruitful purpose shall be served.
