You can approach HC that you want to engage lawyer to appear on your behalf before the arbitrator
2) HC should grant your request
Enquiry
My Company gave a charge sheet for gross negligence of monitoring the business completion of a team member. it is deemed government organization. I denied the charges and invoked staff rules to appoint arbitrator of retired high court judge/civil court judge. The Disciplinary committee appointed advocate as an enquiry officer/arbitrator. Here the point is one of the members of the disciplinary committee as bypassed the procedures in the office and issued invoices with out my notice and he himself appointed enquiry officer. in this regard approached high court to appoint arbitrator from the court. Court indicated since you have not attended enquiry you cant prove the enquiry officer is biased and indicated to conduct enquiry under the natural justice. Enquiry officer gave notice to me and said to appear for enquiry and if required I can take assistance of one of the officer in the office. Here most of the officer who have worked with me have resigned. I have asked the enquiry officer to permit me for legal support since the presenting officer from management is from legal background and CBI is already enquiring about the facts. Enquiry officer denied my request since staff rules don't permit and presenting officer indicated the matter is not serious. The fact is one of colleague who worked under me has forwarded valuation report to the tune of Rs 200 Cr to financial institution with out my notice and taken invoices from accounts with out indent from Team Leader. can I approach high court once again requesting for assistance of legal advocate. The Company is trying to put the blame on me since I have signed the business completion from my team at the end of the year and they are not looking the procedural deviations that have taken place during the report preparation. In many vocations I have indicated MD the person who has prepared the report is not reporting me orally and once taken written request to transfer to another department, but MD denied and said it is better to have in your department. Now I don't have written proof. Pl advice how to proceed. If I approach High court would I get justice.
Asked 8 years ago in Business Law
12 Answers
When the arbitrator is advocate and presenting officer is legal person and case is complicated CBI is investigating since financial institution as complained. Management is saying the case is not complicated and service rules doesn't permit. The enquiry officer is from outside and he is an advocate. Why can't I have a legal advocate assistance.
Asked 8 years ago
When the arbitrator is advocate and presenting officer is legal person and case is complicated CBI is investigating since financial institution as complained. Management is saying the case is not complicated and service rules doesn't permit. The enquiry officer is from outside and he is an advocate. Why can't I have a legal advocate assistance.
Asked 8 years ago
Can I approach high court for seeking assistance
Asked 8 years ago
You can have advocate to assist you as case is complex and inquiry officer is an advocate
You are at liberty to approach HC for assistance
the instant case, the employer, Haryana Seeds
Development Corporation was represented by its Personnel
& Administrative Manager as Presenting Officer during
the domestic enquiry. The Supreme Court held that where
a delinquent, a non legal person, is pitted against the
Presenting Officer, being a person of legal mind and
experience, refusal of service of a lawyer to the delinquent
amounts to denial of natural justice.
– J.K. Aggarwal Vs. Haryana Seeds Development
Corp. Ltd.AIR 1991 SC 1221
Approach the High Court to seek permission to take assistance of a lawyer. If the niceties in your Departmental proceedings are very complex and technical, the said permission might be granted because assistance of a lawyer is regarded as a part of "reasonable opportunity" and denial of the same is a violation of Article 311 as well as the principles of natural Justice.
It has been one year that I have been suspended from the service and company took 6 months to initiate enquiry and when approached court for arbitrator it took six months for judgment. My company rules are silent on period of suspension and allowance is only for basic pay which is very low and DA is 250% hence sustainability is becoming problem. Please advise
Asked 8 years ago
It has been one year that I have been suspended from the service and company took 6 months to initiate enquiry and when approached court for arbitrator it took six months for judgment. My company rules are silent on period of suspension and allowance is only for basic pay which is very low and DA is 250% hence sustainability is becoming problem. Please advise
Asked 8 years ago
judicial process take time . there are no shortcuts
2)it is necessary to peruse the company rules regarding payment during suspension period to advice further
According to a 2015 Supreme Court judgement, the currency of a suspension order should not extend beyond 3 months if within this period the charge sheet is not served upon the deliquent employee. Moreover, even if the chargesheet is prepared and served within 3 months of suspension, a fresh reasoned order must be passed for extending the suspension beyond 3 months.
Challenge your order of suspension in light of the above judgement of the Supreme Court and seek reinstatement into service during pendency of the Department Proceedings against you.
Let me know if you want any further help.
Best,
Adv. Vibhanshu
You may challenge your order of suspension in light of the recent judgment of the SC wherein it has been held that the inquiry should be concluded within 3 months from date of initiation. And thereafter you may seek reinstatement during the pendency of the departmental enquiry.
Regards
The high court may not intervene in the procedural aspects of the domestic inquiry.
If an advocate cannot be taken for help in such inquiries, then you may not get any favorable order from high court even if you approach the high court.
You can cross examine the management witnesses properly on the basis of the information you rely upon.
When the arbitrator is advocate and presenting officer is legal person and case is complicated CBI is investigating since financial institution as complained. Management is saying the case is not complicated and service rules doesn't permit. The enquiry officer is from outside and he is an advocate. Why can't I have a legal advocate assistance.
If the rules do not permit you take the assistance of an advocate, then you cannot agitate the rules at your fancies and whims.
The rules are common to everyone and it is not particularly framed for you alone.
Can I approach high court for seeking assistance
You may not get a favorable order even if you approach high court on this.
The high court generally may not be willing to intervene in the procedural aspects on such issues.
It has been one year that I have been suspended from the service and company took 6 months to initiate enquiry and when approached court for arbitrator it took six months for judgment. My company rules are silent on period of suspension and allowance is only for basic pay which is very low and DA is 250% hence sustainability is becoming problem.
You can write to the company to revoke the suspension and to reinstate you with full
salary.
You may get some reply about this after which you may decide to initiate proper legal action on this.