Suspension regarding

[Ranjeet Singh]

Sir, I am Fso appointed U/s 37 of Fss act. On 12/10/15 department ordered me to inspect a restaurant in cp Delhi and I drawn food sample of chicken tikka paying Es 1596/- to vendor. The sample was adulterated so next day vendor made a complaint to commissioner(CFS) food safety, That I lifted half cooked chicken tikka and made another complaint next day of first complaint that I also paid him only 500/- in place of 2073/- the cost of sample. CFS without giving me any chance of hearing made me suspended through CS Delhi. However she was competent to do so. The DOV & CS denied my suspension as no evidence was there. After 7 months passed I been issued charge sheet by CFS now on 5/7/16 which donot exist in court of law as the article of charges are false because reports from other lab shown the sample as cooked. The vendor issued bill & signed all legal docs in presence of witness. Now CFS became disciplinary auth. , witness herself n she made her subordinate officer as inq. Authority. She is bent upon to spoil my career as she has withheld my promotion also. What are my remedies . Pl advice early. I will be thankful to you. She remarked on file that I admitted before her paying less amount to vendor. Only to prove this she is doing all this. And favoring vendor.

[Ranjeet Singh]

It is further to add that before suspension file was sent to vig, deptt. DOV & CS Delhi both denied my suspension. But the CFS made noting on file that fso admitted his fault of paying less money to vendor at her own and requested to reconsider his opinion of suspension. The CS then reviewed his order and made me suspended. The article of charges donot exist as the vendor has issued signed bill and supporting legal documents on the bases of which convictions are there upto Supreme Court. My promotion has been sealed and she her selves becomes dis.auth. And witness also. This is really surprising?

[Dr. Ashok Dhamija]

If there is a signed bill showing full payment, then it should generally help you. The general rule is that a document can be proved by its own contents. Oral statement about the contents of a document is secondary evidence, which may be inadmissible if the primary evidence (i.e., the document itself) is available.

From what you write, there appears to be defect in evidence against you. You may have to either challenge the action against you in appropriate court, or to prove your case in the departmental inquiry. However, since your question is a question of facts, someone has to examine the documents / evidence in details. Please consult some local lawyer at your place with your documents, who can then guide you after detailed examination of the papers.     

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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.

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