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Challenging departmental penalty


11-Feb-2023 (In Civil Law)
Sir, I work in a psu and have been penalized by my department based on some assumption .Inquiry was held and article of charges remained not proved against me .However the disciplinary authority didn't accepted the inquiry findings and served disagreement memorandum and finally penalised me.I submitted my appeal to my appealate authority which was also rejected by him.The charges framed against me are against our manual..Now if I try to move to court for justice the empanel lawyer of my dept will definitely make plea that I have not exhausted all the channels of my dept and will ask to write to our CMD..The court has accepted such plea in past .Is there any legal remedy which will allow me to settle through court itself and stop from going to CMD.Already the disciplinary authority has penalized me and the appellate authority has rejected my plea and it took 4 years to complete this process. I want to settle my case through high court instead of CMD because it will impact my career.
Answers (3)

Answer #1
732 votes
If the appellate authority has rejected your plea then you can successfully approach the HC for your grievances. Make all of them the party in the case and then you will be at upper hand and you can then decide whether you want to settle it or not. For more legal assistance I am just a call away.
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Answer #2
759 votes
As you have already mentioned that you have put your four years of precious time in pursuing your case before different forums but to no avail. Therefore, without waisting your time I would wisely advice you to contact me over my contact details for detailed discussion. Thanks & regards
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Answer #3
833 votes
Hello ! You can for sure approach the high court under its writ jurisdiction under Article 226 of the constitution. Court might come to your rescue if it’s convinced that the departmental proceedings were unfair. There’s nothing that stops you from going to the high court.
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