• Promotion not given after exonerating by inquiry officer

Vigilance department has been create a fake docs and force my officer to charge sheet him.
However inquiry conducted and completed. My inquiry officer did not found me guilty. My competent authority also written letter as :- It was further proved correct that the last eight lineof the Log book did not have any entry in certified copy that was given to CSE, which clearly implies that ME10 of the log book page 103211 are different. Anomalies like written the wrong date of 26.08.2014 on the Log book page of 23.06.2014 while the alleged tickets was issued on 24.06.2014. Further No original documents including Log book pages were produced in the inquiry as per rules. No witnesses produced during the inquiry proved the CSE was involved in issuance of the above mentioned ticket, Hence no cognizance can be take on record.
Further the above mentioned facts and the case file of Mr Dharam Pal and the report of the inquiry it is to be ascertained that the facts mentioned against the CSE are not establish any culpability of the CSE to be involved in the charges so alleged against him, Hence the completent authority may take note of the above and issue necessary order to close the case.
above letter was issued on 31.12.2015. after nine month, in pressure of Vig Deptt My ED has De-Nova my inquiry and letter given to me for new inquiry. I went to High Court against that and got the STAY and ultimately win the case In the month of January 2018. High Court is not allow new inquiry against me because no New evidence against me.on the same fact basis inquiry can not be restart when competent authority is already been exonerated. 
After that I have given copy to Management and request them to open the letter and promote me as my Envelop was sealed.even Civil Aviation Ministry order to close the case against me. But they
did not do it and ultimately i was retired on 28.02.2018. I was mentally harassed by Vigilance dept since 4 years for nothing.
My question is, Can I go to High Court for compensations and others?
Asked 3 years ago in Labour

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14 Answers

if you have falsely harassed by vigilance department of your office you can sue the organisation for damages

2) claim compensation for making false and baseless allegations against you

3) also for denying you promotion

Ajay Sethi
Advocate, Mumbai
82713 Answers
5254 Consultations

5.0 on 5.0

contact a local lawyer in Delhi in this regard

however please note that suit for damages take years to be disposed of

Ajay Sethi
Advocate, Mumbai
82713 Answers
5254 Consultations

5.0 on 5.0

Yes, approach the High Court and seek monetary benefits in lieu of the your legitimate promotion that was denied to you.

You need to see a local lawyer in Delhi specialising in handling service disputes.

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

File a writ of mandamus in the Delhi High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

Sir you approach Central/State administrative tribunal claiming your promotion based on said finding of high court. On other hand you can approach high court through writ petition claiming damages and for previous remuneration that were due to you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello,

If it has been proved that there were no charges against you and if you can establish that the inquiry was initiated arbitrarily and on account of misdeed on part of state then you can file a case for compensation in the High Court

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

Contact a lawyer with entire set of documents, who may file the case in the court on your behalf

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

Also, if some information is missing you may get the required information from the department by means of RTI

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

you can move to the high court by way of writ petition to claim notional promotion and benefits and also enclose the proof that you are exonerated from charges levelled against you or first you should file representation to your HOD to promote me and release my pensionary benefits then approach the high court

Rahul Sachdeva
Advocate, Moga
8 Answers

4.0 on 5.0

After that I have given copy to Management and request them to open the letter and promote me as my Envelop was sealed.even Civil Aviation Ministry order to close the case against me. But they

did not do it and ultimately i was retired on 28.02.2018. I was mentally harassed by Vigilance dept since 4 years for nothing.

My question is, Can I go to High Court for compensations and others?

If you have evidences for approaching the authority making representations for resuming your promotion prospects but the authorities turned deaf ear, you may approach high court or CAT (if applicable) with a representation seeking promotion and its benefits from the due date of benefits.

Let the court decide about it on merits.

T Kalaiselvan
Advocate, Vellore
72799 Answers
1111 Consultations

5.0 on 5.0

Now Can I go to the Court for compensations and others? pls advice

You may aproach high court with a writ petition seeking the benefits that were not given to you by not promoting you and the benefits not sanctioned.

T Kalaiselvan
Advocate, Vellore
72799 Answers
1111 Consultations

5.0 on 5.0

It does not make sense in writing to HOD after retirement

Ajay Sethi
Advocate, Mumbai
82713 Answers
5254 Consultations

5.0 on 5.0

Yes definitely you can write to the MD, the same will be helpful if you file a case in future

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

At this stage there is no use of writing to the department seeking relief becasue they cannot do anything about it legally except by a court order, so better approach court seeking relief and remedy

T Kalaiselvan
Advocate, Vellore
72799 Answers
1111 Consultations

5.0 on 5.0

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