The Company has suspended me from services pending enquiry and Issued Charge Sheet for gross neglegency in monitoring the duties of subordinate. My subordinate as submitted infectious valuation reports and the case is being investigated by CBI. I have denied the charges and sought for appointment of arbitrator of retired High Court Judge or Retired Civil Court Judge. The Company appointed advocate as an arbitrator/enquiry officer. I have approached High Court for the biased nature in appointing the arbitrator. Where as the high court gave a direction to attend with the enquiry with the same arbitrator/enquiry officer appointed by the Company. In the enquiry proceedings requested for support of legal aid (advocate), since the presenting officer is a legal person and an enquiry officer is an advocate and the matter is sever in nature. The arbitrator/enquiry officer denied the plea and indicated so support will be given. I have also sought for support of my colleagues who left the organization since they the matter very well, which was also rejected. I once again approached high court for seeking support of advocate in the enquiry proceedings. When the matter was listed, the Company councel took time and indicated High Court that the enquiry will not be conducted until further orders from court. Since then the matter did not get listed and one year time is elapsed. In the writ reply affidavit submitted by the Company in the first case and in the present case, the Company indicated that the Company is not a State Government Company and the petitioner is putting wrong indications. But later on, the management changed and the new management is agreeing and saying that the status of the Company is Government. In the Ministry of Cooperate Affairs web portal the sub-category of Company is given as State Government. Based on my request letter to Company asking for reinstatement, or approve for engaging an advocate since the suspension period is more than two years. The Company reinstated me in to services pending enquiry based on the plea indicating since it is more than two years of suspension. Presently based on my orally request, the Company is willing to provide an advocate in the enquiry and asking me to write a letter to Company to make plea and indicate that I would withdraw the case once advocate is approved. The Company is saying that the arbitrator/enquiry officer will be changed. Questions: 1. Once court gave a direction to attend with the same arbitrator. What steps to be followed for change of arbitrator/ enquiry officer. Can the Company change the arbitrator, when I have asked for retired high court judge or retired civil judge the company is saying they want to appoint postal officer or charted account 2. Can I make request letter for providing an advocate support in the enquiry and give my concent for with drawl of case from the High Court 3. In the whole scenario, I have lost time of two years, morally and men
In the whole scenario, I have lost time of two years, morally and mentally suffered. Is it wright for the present management to change the arbitrator at this stage. I have no objections on this, but my plea of retired high court judge or civil court judge is kept a side and as well the court order in the first case is kept a side. Please direct me, how to proceed in the matter.
1. Your request of appointing a judge as an arbitrator has been turned down and as such at this stage the company is at liberty to change the arbitrator . However, if company does the same then you may go ahead and challenge the said order before the HC.
2. Yes
Share the order of the HC by means of which your request for appointment of a judge as an arbitrator was turned down
1. See either arbitrator change with consent of both the parties or from.direction from the court.
2. If you get right support then you can give an application engage an advocate in arbitration and withdraw the petition as it will be infructuous then.
3. See if you are not in favour of changing arbitrator then the company need to approach the court if the arbitrator is good and there is no issue or biasness you can go with same and save some time otherwise you can seat with company and can appoint new arbitrator.
1) you up ahve o apply to court fo change of arbitrator
2) there is no harm in agreeing to chartered accountant being appointed as arbitrator
3) you can request that you may be permitted to engage advocate and give consent for with drawal of case from HC
Since company has agreed to change arbitrator agree to it
if award is passed against you without application of mind you can always challenge said award
presently there is a status quo order of HC which has directed not to proceed with the enquiry proceedings until further orders
so you need not worry
even if arbitrator is changed and he passes an award against you, you always have the remedy of appeal
you are entitled to be represented. You need not ask for any request letter from company to provide you an advocate. You can directly engage a good lawyer who can represent you before the arbitrator
1. The company cannot do any act which will be considered as contrary to the court order.
It may give a proposal similar to your proposal to appoint a specific person as an arbitrator.
2. It will depend on the prevailingcircumstances, you need to take a decision whikch will be beneficial to you and dont allow any external element to influence your decision.
3.
You have yourself have asked for a change in the arbitrator then how can you question the desire of the company to change the arbitrator, based on your request.
You have waited for such a long time patiently hence any decision to be taken now may also be taken patiently after analysing the factors that may be detrimental subsequent to your decision.
Do not take any decision in haste, which may prove fatal to your own case at a later part.
1. This relief you can sought from the court, as once interfered.
2. Yes.
3.Time will never come back , go ahead, don't loose the heart.
You can take HC directions for change of arbitrator.
