LawRato

Regarding flaw in departmental inquiry & unjustified suspension


26-Jun-2023 (In Civil Law)
According to U.P state government's ''disciplinary & appeals'' rules, if disciplinary proceedings is to be carried off against an employee then on the basis of circumstantial evidences a preliminary inquiry must take place. Following preliminary inquiry report, if enough facts are found substantial for continuation of the disciplinary proceedings then as per the law of (natural justice) a show cause notice must be issued to the accused employee, providing him the details of charges framed against him & seek answer of the notice within a time frame. Thereafter, if the appropriate authority is unsatisfied with answer of the accused employee, he may hand him over a charge sheet & suspend the employee. Contrary of above, my department ignored preliminary inquiry, directly issued me a show cause notice & thereafter 15 days of my reply, handed me suspension order. Special Mention is that my S.C.N carried only one charge framed against me but my charge sheet mention 6 charges against me.
Answers (3)

Answer #1
921 votes
you can challenge the chargesheet as well as the suspension order before the hon'ble High court stating the facts supported by the case law as your case is in a better footing as far as the facts are concerned , in which department are you working ?
Helpful? LawRato LawRato
Answer #2
638 votes
on the above mentioned query please file immediate a writ petition under article 482 , of the constitution of India in the concerned high Court ,for the quashing of Charge sheet; with the all relevant documents annexed herewith.
Helpful? LawRato LawRato
Answer #3
761 votes
you can file petition in high court seeking directions against the department that they haven't followed the due procedure of law and therefore your suspension needs to be revoked.
visit chamber for further details
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."