I am chargesheeted by discilplinary authority for giving a technical advice to lower office which allegedly caused my company some revenue. During the course of Departmental Enquiry it came to notice that the information which was sent to my office for response was not complete and some critical facts were knowlingly concealed to obtain a positive response. Interestingly, the persons who concealed information were used as Management Witness by prosecution. All the depositions those confirm above facts, and relevant documents are now available with me, I need advice on two counts:
- what is the legal status of my technical advise which was based on communication hiding material information. Are there any Supreme Court Judgments on above. I will appreciate if you can send me links for the same for identical cases.
- Prosection had no document (other than the letter through which technical advise were sent) Morever, Management witnesses also could not remain firm on their intial depositions during cross-examination. Infact entire case was created due to nexus of unions, audit and vigilance.
Investigation Report is not provided to me, which understandably do not have any contents as the same was dumped by CBI, Investigation Report was not used as a Management Witness also. Management claims that Investigation report is a priviledged document, and can be asked for only after entire enquiry is over.
I want to take legal actions against all critical persons ( Audit, Vigilance and HR Department) those violated all norms and issued me charge sheet without any Documentery Proof of any violation, rule and rregulation of comany in individual capacity.
All inputs will be highly appreciated.
Regards !
