Amit shrivastava (student) 23 July 2014

Departmental enquiry

A departmental proceeddings under Rule 14 of CCs(CCA) conduct rule, 1965. department has issued this charge sheet to A wherein they made a charge that A is searched a premises of B and seized some document on x date. for this they relied on a photocopy of memo. on perusal of that memo there was nowhere mentioned the name of firm and x date. two dates were mentioned which are different from x. The C.O. demanded original and copy of seized document to show. then P.O. replied that original was never seized. IO didnot gave him that copy.

please guide me

1) wherther this enquiry is lible to continue

2) whether department can continue enquiry on Photocopy of relied upon document

3) whether C.O. can demand seized document

3) provide me related case laws

thatnks

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5 Replies

Sudhir Kumar, Advocate (Advocate) 23 July 2014

the wording of existing query does not reveal full facts sufficient enough to giving a matur eadvised on a seriou issued like disciplinary proceeding.

Sudhir Kumar, Advocate (Advocate) 23 July 2014

further the charged officer is entitled to the services of a serving/retired employee of central/state govt.

He is called Defence Asstt.

Whether you have a Def Asstt or going to face inquiry wihout experience and knowledge.

Sudhir Kumar, Advocate (Advocate) 23 July 2014

repeated

https://www.lawyersclubindia.com/forum/Departmental-enquiry-106136.asp#.U8-9g0BvdG1

T. Kalaiselvan, Advocate (Advocate) 26 July 2014

The photocopies of any document without compared with the original for its veracity is unreliable in law even for the purpose of departmental inquiry. As suggested by expert Mr. Sudhir Kumar, you are entitled to be assisted by a person of your choice who has administrative as well as procedural knowledge, better take the aid of such facility to defend. Further, while posting queries, make sure that you give certain details elaborately so that a proper opinion can be rendered.

Kumar Doab (FIN) 06 August 2014

If you are a student posting the query for your academic interest or if the employee has not consulted a lawyer well versed with such matters, or if an the employee has not consulted expert that knows the processes of the establishment in and out, then advise the employee to do so.

In such matters reliance on experience and knowledge of an expert of such matters is advisable.