You need to seek explanation from the HOD of your department. If the said explanation is not given then file writ petition in HC for the Same.
Aaropnamu after retire date 30/9/2011
Sir, i had been suspended as civil deputy engineer of amreli irrigation dn.amreli,after 38 yrs.service,by gov.of guj.due to colepse of 1 checkdam in amreli dist.in flood.without any inquiry.incident was happen on 8/7/2010,initial reporting with rojkam was carry out by ex.engr.quality control dn.bhavnagar. as per telefonic order of his chief engr.q.c. gandhinagar.govt.had suspended me on 19/7/2010 on ground of this rojkam& aheval of e.e. q.c. bvc.which aproove by c.e.q.c.gnagar.aropnamu issued on 26/11/2011,after dt.of retirement 30/9/2011.( till 30/9/2011 i had been suspended..)..set a inquiry in 2012,inquiry officer had gave his report on 31/3/2014.gov.had ordered to punish me rs.5000/- pention cut from my pention for 5 years..vide his order dt.2/6/2016..& same punishment is in progress.. a new aropnamu was again issue for other incidence..for charge of providing less steel in a check dam which was incorporate in checkdam on 19/3/2010,24/4/2010,&5/5/2010,measurements was taken in 30/3/2010&5/5/2010.payment of this checkdam with payment of this steel was done to agency (of b-2 tender work was of rs.10000000/- for 3 checkdam in jivapar village on raydi river in rajula taluka of amreli dist.)on 31/3/2010&13/5/2010.ex.engr. quality control bhavnagar had visit this site on 25/6/2010&25/8/2010.checkdam concrete level was raised up to 2 mt.from foundation till 25/6/2010.& work was close due to flood in river up to nov.2010.2nd visit was taken in my absence due to my starting of suspention from 19/7/2010.aropnamu was given me by govt.on dt.22/5/2014..for this case..can any govt.can give aropnamu for any incidence & his payment before 4 ys..?departal inquirywas set on dec.2014.& is completed in 2016..i had given my answer of show cause notice with this argument that they can't give me aropnamu after 4 yrs.as per departmental inquiry manual .in jan.2017..but they had not heard ..& declare me aropy ..& now case is mooving ofice to ofice of govt.for determine any punishment to me..can any layer guide me ? v.k.vaghani retire deputy engr.irrigation.bhavnagar..fon no.07984509367.e mail vkvaghani@yahoo.com
Asked 7 years ago in Civil Law
9 Answers
i will ask after geting abswer of this question with all details..at predent no details with me..sorry
Asked 7 years ago
You have been punished under a departmental inquiry so to check whether what defences can be taken will be after reading all documents.
Though in case of construction matter government can initiate a enquiry even after four years but the grounds of enquiry should be seen.
You can approach the Gujarat Civil Services Tribunal against the order of the adjudicating authority also if in case the departmental is still pending you can seek interim relief or order to expedite the enquiry .
The High Court can be approached too but thus the appropriate remedy exist so under tribunal, high court can order to move before tribunal too.
The matter is worth contesting and the service rules and the Order of Adjudicating authority need to be persued along with the Memorandum of Charge drawn.
Dear client
You can filed a writ petition(civil)before the High Court of Gujarat and on your petition you should mention all details relating to your matter.
If order is passed without hearing your version you can approach high court under writ petition challenging the order or to administrative tribunal.
Since it is departmental enquiry better to challenge order in administrative tribunal.
Sir you are officer of 1 class on that case high court is remedy kindly.contact I will surely help you
minimum expense I cannot promise with 5000 but will help in lowest possible amount and cost.
The matter will be taken up in normal.course shall not be reffered to lok adalat as order need to be challanged based on law involved.
The law on the point is that disciplinary proceedings cannot be initiated or continued after retirement.
Challenge the aropnama served upon you after your retirement, and the Department Inquiry initiated against you in furtherance thereof.
Thus, approach the High Court to file a writ.
If you are aggrieved by the orders passed in the inquiry committee, then you can always file a writ petition before high court with a request for setting aside the orders and reinstate you in service with full payments and service benefits.
will ask after geting abswer of this question with all details..at predent no details with me..sorry
You can revert with more questions once you feel free enough for this.