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Promotion cleared by DPC BUT held by local higher authority.


23-Jul-2023 (In Labour & Service Law)
I am working in BSNL, while working as DET ( Look after), I was promoted by corporate office New Delhi to DET ( Reg.) on 28/06/2018. But local higher authority framed a charge-sheet on Disciplinary proceeding one day before the date of promotion order vindictively. The bottom-line of the issue is that I was made chairman of a Bidding Evaluation committee on OFC works. There were other 2 members in the committee. There were 2 bids, one 28% and other 35% above the estimated cost. The committee unanimously observed rate is exorbitantly higher than the Est. cost and recommended neither of the bids and there was no dissent. Also committee recommended 'however considering the importance of the works, the competent authority may take expedient decision, which was completely Ignored by the higher authority ie GM. He singled out me and charge sheeted, which proves his vindictive attitude. There were other instances of his harassment with evidence.So advise me whether I can sue when Disc case
Answers (1)

Answer #1
969 votes
Firstly, it is necessary to know the contents and the charges levelled against you in the chargesheet. If they are completely baseless and without any supporting material, then the Disciplinary Proceeding itself can be challenged in the High Court. But I'm sure the chargesheet won't make any reference to any anomalies in the bidding process, since there are no such mistakes in the Bid Evaluation according to you. Therefore, the disciplinary authority must have invented some flimsy grounds to charge you. If that is the case, then the Disciplinary Action can be challenged by you under Article 226 of the Constitution.
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