Departmental Inquiry

[Sadiq Hussain]

I belong to State Civil Services of Karnataka. I was due for promotion. In order to see that I am deprived of my right to be promoted some frivolous charges were made against me, along with few more Government Servants. Since it was sought to hold a joint inquiry, the case was referred to the Government. However, the Principal Secretary to Government was highly unbiased and his honesty was above board. As such, he had declined to proceed against us. Thereby, the vested interests, with the motives of denying me the right to promotion, had managed to see that the Minister concerned has referred to case to COD for investigations.
But, the COD was not at all in a position either any charge sheet against us or to submit the report of preliminary investigation to the Government.
Meanwhile, the services of honest Principal Secretary to Government came to be transferred to another department. Thus, the vested interests have succeeded in getting instituted the Departmental Proceedings against us. A retired judge was appointed as Inquiring Authority and the inquiry is duly culminated with the definite findings of our innocence.
Now, the file is referred to the Minister. But the Minister is awaiting the report of the COD.
Since I am due for retirement within a period of less than one year, it appears that my promotion will be delayed till the of my retirement taking shelter behind the non-receipt of COD’s report.
Therefore, this forum may be pleased to guide me about the remedies to be resorted to by me to ensure that I am promoted before my retirement….

[Dr. Ashok Dhamija]

Usually, during pendency of departmental enquiry, sealed cover process is used for promotion and promotion may be delayed till the departmental enquiry is available. You may have to get the enquiry expedited. If needed, you may approach the high court or the administrative tribunal (if there is any such tribunal in your state, which has jurisdiction in your matter) to get the process of departmental enquiry expedited citing the reason of your impending retirement.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sameer Sahil]

Sir, I much grateful for your kind prompt response. The Enquiry is already completed and the report thereof is duly submitted to the Government. Since the Government is not in position to disagree with the report for want of evidences. As such, it has adopted delaying tactics.
So, kindly suggest me the remedy.

[Dr. Ashok Dhamija]

I think this was already mentioned in your main question. As I mentioned earlier, you may have to approach the appropriate court or tribunal for expediting the decision. Otherwise, you may make a representation to the higher authority or Govt for directing the authority to take faster decision, if you feel that they would do justice.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ziaur Rahman]

Sir, in a departmental proceeding in police force against an S.I the complainant is not attending the proceeding even after receiving Notice of the I.A. The I.A is insisting the Charged Official to go to the complainant’s house with Defense Assistant to examine and cross examine the Prosecution Witness. How far it is legally correct? Can a quasi judicial authority (Inquiring Officer) insist on going to the house of witness living in the same city to examine.Kindly enlighten.

[Author]

Posts