Writ petition to set aside charge sheet and reinstate a professor
Swapan
(Querist) 18 September 2016
This query is : Resolved
I am working as a professor of Central Govt funded Deemed University with more than 30 years’ service. I have been suspended with alleged charge of creating a WhatsApp Group with office logo for helping alumni with career guidance, for my personal gain. Enquiry is not being held as per laid down CCA Rules 1965.Only one enquiry sitting took place 3 months back. Suspension became invalid under CCA Rules as it has not been reviewed within 90 days. I am governed by CCS (CCA) Rules 1965 and Institute Rules. Institute is not under CAT/MAT.
- Under what Sections/Acts the chargesheet/enquiry can be quashed?
- What precaution can be taken for ensuring admission of Writ Petition for hearing?
- What common objections/arguments University Management presents against Writ Petition?
Devajyoti Barman
(Expert) 18 September 2016
You can challenge the same under writ jurisdiction of high court of nature of certiorari and mandamus.
Without knowing the full case history no comment can be made on merit fo the case.
Guest
(Expert) 18 September 2016
Only suspension, if not reviewed within three months, can be quashed by the competent court on writ petition, not the charge sheet or departmental inquiry, as courts do not intervene in the administrative process of the executive unless there is any serious violation of any statutory rule.
Kumar Doab
(Expert) 18 September 2016
You can benefit from the advise of experts.
Ms.Usha Kapoor
(Expert) 19 September 2016
You can file a Writ of Mandamus /Certiorari to quash the suspension as it has not been renewed within 3 months.If charge sheet is vitiated by malafides and inquiry is defective it can be quashed in Writ petition.That is Law.
Ms.Usha Kapoor
(Expert) 19 September 2016
The following Supreme Court Decision proves my point in the above cited case..
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3935 of 2013
Shri Anant R. Kulkarni … Appellant
Versus
Y.P. Education Society & Ors. … Respondents
J U D G M E N T
Dr. B.S. Chauhan, J.
1. This appeal has been preferred against the impugned
judgment and order dated 4.10.2011 of the High Court of
Kumar Doab
(Expert) 19 September 2016
It is a good citation and good judgment on matters agitated before the apex court.
Rajendra K Goyal
(Expert) 19 September 2016
You asked:
- Under what Sections/Acts the chargesheet/enquiry can be quashed?
Ans:
Show full case file to some senior lawyer.
You asked:
- What precaution can be taken for ensuring admission of Writ Petition for hearing?
Ans: careful preparation of the case may help.
Rajendra K Goyal
(Expert) 19 September 2016
You asked:
- What common objections/arguments University Management presents against Writ Petition?
Ans: without going through full case file nothing can be advised.
Guest
(Expert) 19 September 2016
Mr. Swapan,
As description of your query is quite deficient of facts, you are likely to get guess based mixed response from the experts, as in one response, I could observe that likelihood of one reply can mislead you by sidetracking your main problem.
So, please clarify the following points, so that the experts may not base their replies merely on guess:
1) As you stated, "Enquiry is not being held as per laid down CCA Rules 1965.Only one enquiry sitting took place 3 months back, please clarify, whether the stated inquiry was a preliminary investigation before issue of charge sheet or a departmental inquiry after issue of the charge sheet to you?
2) Also, what was the matter discussed during that one sitting of inquiry held three months ago?
3) Still further, as you stated, "Enquiry is not being held as per laid down CCA Rules 1965," please intimate, what kind of lapse you could find, as against the provisions of Rule 14 of the CCS (CCA) Rules 1965?
Guest
(Expert) 19 September 2016
Mr. Swapan,
To make it clear, I still stand by my earlier opinion.
Raj Kumar Makkad
(Expert) 22 September 2016
Well advised by experts leaving no room to enter.
