Can a GOI PSU Officer be removed without issuance of formal charge sheet

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Can a GOI PSU Officer be removed without issuance of formal charge sheet

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    • #4288
      Vasanthi B
      Guest

      Resp sir, Can a GOI PSU Executive be removed from service without issuance of charge sheet in a disciplinary matter and be kept under suspension without issuance of charge sheet beyond 90 days? What are remedies available if the IA is not authorized and without jurisdiction under Law and such IA conducts Inquiry without adhering to the statutory section of the Act and Service Rules Applicable? Is it true that “issuance of charge sheet for initiation of departmental inquiry is sine quo non”? Can such impugned IA competent to consider the alleged complaints as deemed charge sheet, lead the complainants and examine the witnesses without any presenting officer? Please offer your views, ways and means so that my husband who was removed unlawfully gets justice from the court of law. Regards, Mrs.B.Vasanthi

    • #4312

      As far as I understand all PSUs have detailed rules framed for the purpose of imposing major penalty on the officers, such as removal from service. You have to check the rules applicable in your PSU.

      But, generally speaking, I have seen that such rules require that definite charges shall be framed on the basis of the allegations against such officer. Such charges are required to be communicated to the officer concerned and his explanation (written statement) is called. After that, if needed, a detailed inquiry is conducted wherein a reasonable opportunity is required to be given to the officer to present his side of the case. These are basic requirements of the principles of natural justice, which are generally incorporated in the rules of the PSUs.

      Check the relevant rules applicable in your PSU. If these rules have not been followed, then you can challenge the penalty imposed before the appropriate court or tribunal, as may be applicable in the case of your PSU.

           


      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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