• Suspension and support of legal aid in enquiry

I am suspended from service on [deleted] pending enquiry, stating gross negligence in monitoring the duties of sub-ordinate, since I am the team leader. The issue is My Sub-ordinate as submitted valuation reports to financial institutions which are fraud and of 20 time more than the market value. At the end of the five months the Company had issued charge sheet sating the above reasons and indicated why action can’t be taken against me. I denied the charges and invoked the staff rules stating that to appoint retired high court judge as an arbitrator such that he will go through the process and give a proper judgement. 
Here the issue is, once the assignment is logged in the team leader needs to raise a project master with approval of Managing Director and once the assignment is completed the team leader needs to raise the request for invoice to accounts such that accounts will issue the invoice to the client for payment. Here in the case both the Project Master and Invoice request is not raised by me (The team Leader). The accounts had issued the invoice without indent from team leader and money is received in to system and the subordinate working under me had issued the report to financial institution. When there is complaint from the financial institute the subordinate working under me is absconding from the office and at the same time his service got elapsed. The accounts is claiming that I have signed the business completion certificate at the end of the year and also carried performance appraisal of the subordinate indicating the assignments he has carried out. But in the performance appraisal, I have written clearly he is handling the reports without intimating the team leader and bought to the notice of MD several times orally 
The Company as issued a letter to me by saying to attend for enquiry stating that the enquiry officer/arbitrator is an advocate. I approached Honorable High Court stating the biased nature of Company for appointment of enquiry officer/ arbitrator since the enquiry officer is appointed by the accounts department who as issued the invoice without my notice. The Honorable High Court gave a judgement to attend with the same enquiry/arbitrator . 
During the enquiry process, I have asked for support of legal aid (advocate) where the enquiry officer denied and once again approached high court. In the mean time the management changed and after one year of time lapse based on my letter to management requesting to allow for support of advocate or re instate to the service until court gives the direction. The new management reinstated me. The management as indicated that we are changing the enquiry officer/arbitrator who has no legal background and presenting officer also no legal background and submitting affidavit to court. Will the court allow for change of arbitrator after one year. Will the court consider arbitrator clause and allow we engage advocate. 
As the matter is enquired by CBI will the court consider
Asked 7 years ago in Labour

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5 Answers

Hello,

If the HC has once said that the enquiry will continue with the same arbitrator then the HC can not krder change of arbitrator again. You should have approached the HC at that stage only. However, you may approach the HC for quashing of the disciplinary enquiry if the same is not being concluded in time.

 

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes court will allow both the request of yours. You have right to be represented by an advocate.

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

Sir the arbitrator can be changed pending the process by the order of the court or if both the parties mutually agrees, yes the court shall allow you to engage an advocate and take the legal required help in the  arbitration. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Court will allow change of arbitrator if earlier arbitrator expressed his inability to continue 

 

2) you should be granted permission to engage an advocate to represent you during enquiry 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

If it is pleaded properly with sufficient and valid reasons for change of arbitrator and the other issue, the high court if convinced may allow the petition seeking change of arbitrator, provided the provisions of law permit this facility.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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