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.
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