What kind of penalty be imposed on organisation
Raman
(Querist) 15 March 2012
This query is : Resolved
Sir,
In one case of fraud and illegal appointment, the CAT has directed the organisation to keep the record ready for court persual.The counsel/Organisation didnot furnish record and got 4-5 adjournments and the court has given final opportunity to furnish records but agin refuted by ground of illness.and on the last hearing the cousel submits that records has been misplace.The CAT has directed to search reocrds and gave last final opprtunity and failing which action will be taken aginst them..
My query is what action can be taken by the cat aginst Organisation??
Raj Kumar Makkad
(Expert) 15 March 2012
The entire benefit of such excercise shall go in favour of delinquent employee and CAT can direct the disciplinary authority to initiate strong action against the concerned officials of the department indulged in the maintenance and production of the desired record.
Raman
(Querist) 16 March 2012
Sir, How can chairman/director who is the party of the case can take action on itself..In case if director of the organization is itself involved in misplacing/destruction of the record then whether CAT can order to the Minstry to take punitive steps against him
Guest
(Expert) 16 March 2012
Dear Raman,
You need not bother much in that respect. In every department/organisation, there is a duly prescribed hierarchy of disciplinary authorities for the staff/ executives, of whatsoever rank he may be. So, may he be Director, if some he is found guilty of committing an offence, the duly prescribed disciplinary authority for his class of employees has to take disciplinary action against him, if directed so by the CAT.
Raj Kumar Makkad
(Expert) 16 March 2012
Ministry can initiate action against such director for his removal.
Sudhir Kumar, Advocate
(Expert) 24 March 2012
Once you get a favourable juddgement of CAT confirming malpratices and deptt fails to file apeal in High Court, you can move to CVC for action against the Director.
