Regarding service matter
Querist :
Anonymous
(Querist) 04 December 2009
This query is : Resolved
In a service matter case related to Central Reserve Police Force a person was served enquiry report for his reply. The concerned official immediately replied the enquiry report of the Enquiry Officer. After a few weeks the department removed his services without issuing show cause notice about such penalty. Please guide me is it correct procedure adopted by the department alongwith remedial measure required to be taken on the above subject matter and related judgement if any.
Suhail suhail
(Expert) 04 December 2009
WELL THE RULES GOVERNING THE SERVICES AND REGULATION OF DUTIES,IS UNDER C.R.P.F ACT 1956.
HOWEVER IF THE PERSON SUBMITTED HIS REPLY IN WHICH HE ADMITTED HIS GUILT HE CAN BE TERMINATED,WITHOUT A GYAPAN I.E NOTICE.BUT IF HE HAD NOT ADMITTED ANY SUCH THING OR HAD SOUGHT THE COMMISSION OF TRIAL,THEN YES HE HAS EVERY RIGHT TO CHALLENGE THE TERMINATION ORDER.BUT THE COURTS LACK JURISDICTION IN THIS MATTER SO HE CAN FIRST ISSUE A LEGAL NOTICE SERVED UPON HIS EMPLOYER,AND SOON AT THE EXPIRY OF NOTICE PERIOD IF THE ACTION WAS NOT TAKEN THEN HE CAN FILE A PETITION BEFORE C A T. OR IN THE SUPREME COURT OF INDIA (WHICH I RECOMMEND AS PER MY OBSERVATIONS IN SUCH CASES) ,BETTER GO THROUGH THE ACT FIRST AND THE PROCEDURE IS WELL MENTIONED IN THE ACT GOVERNING THE SERVICES OF CRPF PERSONNELS,
niranjan
(Expert) 04 December 2009
There are certain steps tobe followed by the disciplinary authority,particularly before imposing major penalty.As per your details it seems that only after one notice and your reply,the order is passed which is grossly irregular and not sustainable inthe eyes of law.Prefer appeal before CAT.
aman kumar
(Expert) 10 December 2009
in the natural law of justice if accused had not trail by procedure oset up by law YES HE HAS EVERY RIGHT TO CHALLENGE THE TERMINATION ORDER.BUT THE COURTS LACK JURISDICTION IN THIS MATTER SO HE CAN FIRST ISSUE A LEGAL NOTICE SERVED UPON HIS EMPLOYER,AND SOON AT THE EXPIRY OF NOTICE PERIOD IF THE ACTION WAS NOT TAKEN THEN HE CAN FILE A PETITION BEFORE C A T. OR IN THE SUPREME COURT OF INDIA AS WRITS OF FUNDAMANTAL RIGHT ,BETTER GO THROUGH THE ACT FIRST AND THE PROCEDURE IS WELL MENTIONED IN THE ACT GOVERNING THE SERVICES OF CRPF PERSONNELS,
