Need for speaking order in major disciplinary proceedings
I am working with the present organization(an autonomous organization under Department of Telecom, Ministry of Communication and IT and established as a society under the Societies Registration Act, 1860) since 01/08/2008. In September, 2015, I met with an accident on the office premises and sustained a fracture in my right arm. Consequently I was operated upon and a steel rod and screws were implanted. I joined office in January, 2016. Throughout the period I kept the office informed about my condition and also sent all medical certificates on time. However, in August, 2016, I was given a charge-sheet pertaining to major disciplinary proceedings as per CCS Rules. The Disciplinary Authority appointed a retired DOT official as the Inquiry officer. He submitted his report in November, 2016, in which he questioned the discriminatory approach of the office towards me/my case. The office very grudgingly shared the inquiry officer's report with me in August, 2017.
Instead of a proper well reasoned speaking order bearing the signature of Disciplinary Authority, as is required by CCS Rules, the office concluded the inquiry by providing me with a memo signed by an HR executive asking me to fill up the leaves. Despite several reminders and requests for a speaking order signed by the Disciplinary Authority(DA), I have not been provided with it. I now insist on filling up the leaves only when I get a well reasoned speaking order signed by the DA, for this shall help me ascertain on whose biased input was the charge-sheet framed and my other grievances shall also get addressed. My contention with the office is that since the period of absence(Sep, 2015 - Dec, 2015) was made the basis of major Disciplinary Inquiry, filling up of the leaves shall now be seen as part of the proper conclusion of inquiry and proper conclusion shall be through a well reasoned speaking order bearing signature of DA.
My queries are:
1. Am I within my limits to ask for a speaking order bearing signature of DA ?
2. Can I send a legal notice under writ Quo Warranto to the HR executive who misappropriately signed the Memo and has asked me to treat it as final order?
3. Is the DA also bound legally to give me well reasoned speaking order bearing his signature ?
4. If the office still denies me the speaking order, what course of action shall I opt for?
Asked 8 years ago in Labour
Approaching CAT is out of question as I know that this organization does not come come under CAT, and hence the arbitrariness displayed by the management in such matters.
Further, I would want to know whether passing of a memo by HR executive bearing her signature and not correcting it despite repeated request make the executive liable for this misconduct. Can a legal notice be served on her for this?
Also, in case I want to follow up this matter in a court of law, do tell me whether there's any time limit up to which the court will consider this matter. For example if the final order(the memo) was delivered to me on 1st June, 2017, how many months/years after this date can I approach the court of law(six )
Asked 8 years ago
