[Jayasankar Nair]

Respected sir,
To save your precious time,my above querry in brief for consideration pl.
OA filed before CAT (single bench) on disp matter citing incompetency.IR granted by Tribunal citing incomplete inquiry report. Respondent informed court (not to applicant) of serving fresh inquiry report. On the false affidavit of respondent CAT declared by OA as infractuous. Applicant filed Supplimentary on false affidavit.IR not withdrawn by court. Court transferred the matter to DB with the opinion that OA infractuous but with observation as “since the matter is cognizible by DB, put up before DB for appropriate orders as and when available premptorily”.

Respondent served another show cause notice (no ref of court direction). Applicant approached CAT through Supplimentary again (Single bench as there is no DB). CAT not entertained stating it is pending before DB. Respondent removed applicant from service by neglecting all submission against Show Cause Notice. Applicant made departmental ‘appeal’.
Sir, suggest remedy since CAT’s acceptance of false affidavit of respondent and pronouncement on my OA as ‘infractuous in my absence’ led to loss of my employment.

Is there an option for me to exercise option of Article 226 before High Court as I fear on reaction of judge in my approach to CAT again before the same judge citing order pronounced in my absence, basically because no DB in Lucknow bench is my bad luck.

Please help me.Jayasankar

[Jayasankar Nair]

Respected sir,

A filed a OA before CAT as petitioner-in-person against a disciplinary matter. Though the OA was based on court ruling that “initiation of disciplinary action by incompetent authority is nullity in the eyes of law”. The Hon’ble single Judge , in the 1st hearing, on a cursory look, understood some procedural irregularity in the inquiry report and granted IR, stating inquiry report is incomplete and ordered for reply from respondent on my OA.

Instead of submitted reply to my OA, respondents moved an application before the court stating fresh inquiry report will be served to me. This application was accepted by court in my absence (inspite of knowing that I am an applicant in person) and passed an interlocutory order stating that “ my OA is infructuous since disciplinary authority decided to issue fresh notice with enquiry report”. Surprisingly, inspite of my absence in the court , the order states that the “Applicant – In person”.

With a valid “IR” i.e. stay on disciplinary proceeding, my OA was transferred by Single Bench to Division Bench. As the Division bench is not functioning for almost two years in Lucknow, my case is not listed in the last three months.

In the meanwhile, Respondent issued another show cause notice for “removal from my service” with changed documents in the enquiry report. I approached Tribunal with a supplimentary application stating that my OA was on disciplinary action taken by incompetent authority against my service and the same is not addressed by respondent till date. I requested the court to address the matter on legality of ‘issuing of fresh (2nd) show cause notice’, which the court declined stating that it is pending before Division Bench and this action is a fresh cause of action. No restrain order was issued on the 2nd show cause notice, though this supplementary affidavit was also transferred to DB (DB is not functioning). With regard to merit of my case, I am confident of it but as my employer was biased, I preferred not to participate in inquiry as it was ordered by incompetent authority.

Taking advantage of interlocutory orders obtained on false affidavit, and no restrain order from CAT on my Supplementary Affidavit, now the respondents , outright neglected my defence to show cause notice and ordered “Removal of my service” from 31 Mar 18.

Sir, under such circumstance, what could be the remedy for me sir since there is no DB at Lucknow. Whether I have to file fresh OA in CAT single bench or is there any option for me to approach High Court against “Interlocatory order” which was obtained/pronounced on false affidavit in my absence. If so, whether it will be before the single bench or DB in High Court. Request kind suggestion so that High Court being higher court could address my genuine plea. please.
Thanking you, Jayasankar

[Jayasankar Nair]

Respected sir,

A filed a OA before CAT as petitioner-in-person against a disciplinary matter. Though the OA was based on court ruling that “initiation of disciplinary action by incompetent authority is nullity in the eyes of law”. The Hon’ble single Judge , in the 1st hearing, on a cursory look, understood some procedural irregularity in the inquiry report and granted IR, stating inquiry report is incomplete and ordered for reply from respondent on my OA.

Instead of submitted reply to my OA, respondents moved an application before the court stating fresh inquiry report will be served to me. This application was accepted by court in my absence (inspite of knowing that I am an applicant in person) and passed an interlocutory order stating that “ my OA is infructuous since disciplinary authority decided to issue fresh notice with enquiry report”. Surprisingly, inspite of my absence in the court , the order states that the “Applicant – In person”.

With a valid “IR” i.e. stay on disciplinary proceeding, my OA was transferred by Single Bench to Division Bench. As the Division bench is not functioning for almost two years in Lucknow, my case is not listed in the last three months.

In the meanwhile, Respondent issued another show cause notice for “removal from my service” with changed documents in the enquiry report. I approached Tribunal with a supplimentary application stating that my OA was on disciplinary action taken by incompetent authority against my service and the same is not addressed by respondent till date. I requested the court to address the matter on legality of ‘issuing of fresh (2nd) show cause notice’, which the court declined stating that it is pending before Division Bench and this action is a fresh cause of action. No restrain order was issued on the 2nd show cause notice, though this supplementary affidavit was also transferred to DB (DB is not functioning). With regard to merit of my case, I am confident of it but as my employer was biased, I preferred not to participate in inquiry as it was ordered by incompetent authority.

Taking advantage of interlocutory orders obtained on false affidavit, and no restrain order from CAT on my Supplementary Affidavit, now the respondents , outright neglected my defence to show cause notice and ordered “Removal of my service” from 31 Mar 18.

Sir, under such circumstance, what could be the remedy for me sir since there is no DB at Lucknow. Whether I have to file fresh OA in CAT single bench or is there any option for me to approach High Court against “Interlocatory order” which was obtained/pronounced on false affidavit in my absence. If so, whether it will be before the single bench or DB in High Court. Request kind suggestion so that High Court being higher court could address my genuine plea. please.
Thanking you, Jayasankar

[Jayasankar Nair]

Respected Sir,
Your valuable timely expertise opinion coupled with provisio of RTI was instrumental for my self confidence on my stand in the arbitrary disciplinary action for major punishment initiated by my employer. As suggested, I approached CAT, preferred for self pleading and the Hon’ble Court accepted my plea and granted interim relief.(verymuch pained by the acts of executive machinery of the state).

Please accept my humble salute for your noble cause.
Jayasankar

[Jayasankar Nair]

Respected Sir,
Thank you verymuch with all my heart sir for your valuable opinion.
Jayasankar

[Jayasankar Nair]

Respected sir,
I submitted a doubt for your kind clarification on 17th Nov, followed by same request on 19 Nov also. I just have a doubt whether the procedure adopted by me by posting further querries only through the initial querry is right or I have to post it as a fresh querry.

It is my kind request for your clarification sir.
Thanking you, Jaya sankar

[Jayasankar Nair]

Sir,
Request kindly clarify my querry whether the Inquiry Officer, who is conducting ex-parte inquiry can address the charged employee as “Accussed” while dealing in an official matter of misconduct. Can I take up this matter with police as it hurts my sentiment.

Jayasankar

[Jayasankar Nair]

Sir,
As I was about to proceed in my matter with CAT, I got an intimation from my higher authority i.e Govt of India, wherein they assured me that the concerned authorities were communicating to strictly follow the due procedures.
While the action of Inquiry officer is still not as per procedure, I conveyed my reservation to attend enquiry pending receipt of applicable rules in the subject matter. By disregarding my request, Inquiry officer proceeded to conduct ex-parte and issued initial daily log which just indicated about my absence.

In the daily log below my name, it was stated as “accussed employee”.It offends my sentiment as I am an officer of Gp B status, put in over 30 yrs of experience.

So, I just want to know whether the charge sheeted employee could be termed as “Accussed Employee” by Inquiry Officer and Presenting Officer. As the company rule book on the subject of Conduct and Discipline Rules, no where used/state the term “Accused employee” for charge sheeted employee.

Request clarification to my view point, so that I can take up the matter further. Also please confirm whether I can file an FIR for such assertion on my dignity.

sir please confirm whether my view point is right or wrong.
jayasankar

[Jayasankar Nair]

Ok Sir. Thank you very much.

[Jayasankar Nair]

Sir, Please look into my request. I appealed to my higher authority about incompetency of Disciplinary authority and Inquiry officer. My higher authority is not responding and IO planned to proceed with the enquiry. As the litigation is a very time taking and expensive affair, I approved higher authority for financial assistance for litigation. He is not responding to this request also. Confirm correctness of my request for finance assistance. If at all I file a case, can I got this non-operation for financial assistance also to prove my stand.

Request guidance please.

Thanks

[Jayasankar Nair]

Sir,
The officer who initiated disciplinary action against me is not competent to do so, which I appealed to his higher authority. The higher authority of this officer is also biased and therefore my querry is not responded by either disciplinary authority or his authority.

In the meanwhile, I understand that a disciplinary action is undergoing against the officer who initiated action against me for his misconduct. Under such circumstance, I have a doubt whether this charge sheeted officer can be permitted to exercise role of disciplinary authority on his others, pending decision on his own case. As far as my general understanding, such permissions are likely to give room for arm-twisting act. Is there any judicial directions on such matter. While, I agree that I can approach judiciary or CAT challenging legal validity/appointment of my disciplinary authority. Still, considering the delay in decision making by judiciary, I wish to exercise all available options.

Thanking you in advance sir.

[Jayasankar Nair]

Sir,
My heartiest thanks for your very prompt and kind reply. Your clarification cleared by doubts.
Thanks
Jayasankar

[Author]

Posts