Krishna Katti 23 May 2019

Stay for department enquiry

1)sir i was accused undersec 409&420 for misappropriation of govt funds and i was imprisioned for 79 days and after that i got bail.
2) sir after 9 months of suspension i was revocked for job and since from 2 months i am working in same position as assistant professor.
3) sir now my department started department enquiry.sir i am facing two enquiries at a time .
4) in court and department but here both the cases are similar .and witnesses are also similar.
5) now my question is that sir can i go for stay for department enquiry? if i can then in which court i have to apply for stay? whether my local advocate sir can apply for stay?sir plz guide me

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6 Replies

B.deepa 23 May 2019

yes.. you can go for it.. ask you local advocate to bring a stay from appropriate court... which can be helpful

Krishna Katti 23 May 2019

plz adam suggest the correct procedure for stay

Krishna Katti 23 May 2019

Mr.Om Prakash sir if u want to suggest me suggest otherwise sorry plz dont suggest i dont need ur suggestion i am ready to face any thing that dept or honourable court orders .and one thing i never asked ur suggestions thanking you and bye.

Krishna Katti 23 May 2019

and if u want to know my teaching subject i teach commerce.thank you

G.L.N. Prasad (Retired employee.) 24 May 2019

According to me, the court cannot interfere in Departmental inquiry unless the reasons are strong like malafide intentions or vitiated by partisan attitude, etc.,. Court wants litigants to come with clean hands, and generally, they do not have sympathy to those who are highly placed in society and charged with misappropriation. Irrespective of the outcome of the court, it is the departmental inquiry that is considered for taking disciplinary action against the employee. There are many cases even when the court acquitted, the departmental inquiry found the employee guilty and dismissed from services.

Those who are already in problems should not jump into more problems complicating the issue. No employer displays any soft corned to those employees who file cases against them. Remedy if any is available only with the employer. If the evidence is strong and the charges are true, it is better to submit a resignation and come out, then manage with court proceedings. Have patience and explore other opportunities.