What is the relief available to IAS Officer, if the State Govt which has ordered an Enquiry report from the Commissioner of Inquiries DELAYS ON TAKING A DECISION on the Enquiry report submitted by the COI for a decision.? What is the appropriate forum to approach if the State Govt. is deliberately delaying on the COI report by disposing the case ? - DOPT OR CAT OR HIGH COURT ? OR Alternatively i being from ST Category can I make a case of injustice done by State Govt which is denying me promotion by keeping the Charges pending on me, before the National SC/ST Commission ?
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Sir at this juncture it will appropriate to seek remedy through a writ from the high court and seeking direction from the high court to expedite the proceedings in time bound manner.
SC/ST commission cannot order state government to expedite the proceedings.
File a writ in High court.
Approach CAT for necessary reliefs
2) HC would not intervene as you have alternative remedy
3) not necessary to approach national SC/ST commission
hello,
submit a representation demanding a report upon the same. then if they are not willing to reply, file a case with the CAT. a notice should also be given to the DOPT so that they cannot deny the same that they didn't know about the lapses in a court.
regards
High Court is proper forum to seek relief of direction to give final result of proceedings by COI.
Dear Client,
Pending inquiry no ground to hold promotion. SC has held that pending disciplinary proceedings cannot be sole ground for denying promotion to government employee in case where charge sheet is not issued or no disciplinary proceedings lie against the government servant on the date when the promotion was made. Also over ruled - the Sealed Cover Procedure,
You better understand govt. approach, filing representation will only consume time.
CAT is also an option but it`s order will assailed in HC and SC.
Sitting the judgement approach High Court, SC reluctant to over ruled its ruling if HC order appealed.
