• Regular inquiry after domestic inquiry??

I was terminated without reason. I filed case in District and Session Court under Education Tribunal. Rather filing reply in the court, Authority withdrawn Termination. 

After rejoining, they suspended me again on same day. Charge-sheet given to me after 10 days of suspension.

I filed case in High Court and got STAYED from there. Authority again successful to transfer my case from High Court to District and Session Court.

I again filed my case in District and Session Court and got STAY from there also.

Authority didn't pay my salary from more than 3 months. My sitting is in isolated place and CCTV installed on my cabin. No work assigned to me and no one talk to me in my Institute. Staff have fear that if they talk with me, they may be in trouble.

They hold Domestic Inquiry by Retd. High Court Judge. After only 3 dates (in one date no one present from employer side) and without evidences/witnesses, the Inquiry officer gave his Inquiry Report and conclusion was: 
"I conclude that prima facie case is made out against employee under charge no. 1 to 5. In view of the above conclusions, the competent authority may, in its discretion, order an in depth regular Inquiry against the employee."

Now, employer gave the letter of holding Regular Inquiry against the employee again by another Retd. High Court Judge.

Please suggest, what I do now?
Asked 7 years ago in Civil Law

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3 Answers

Hello,

You can again approach the high court and challenge the inquiry proceedings on the ground that such inquiry has been again instituted without affording me an opportunity of hearing in violation of principles of natural justice. Also you can raise this contention that time and again the competent authority is harassing you without any rhyme or reason.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) participate in the regular inquiry

2) you would be entitled to rebut the allegations made against you in regular inquiry

3)you can cross examine the witnesses examined by the employer

4) if you are aggrieved by decision of inquiry officer you would be at liberty to challenge the said order

Ajay Sethi
Advocate, Mumbai
94715 Answers
7530 Consultations

5.0 on 5.0

This appears to be a pre-planned character assassination and trouble in store for you by the people who are against you in the guise of authority.

You can challenge the preliminary report before the appellate court by preferring an appeal to it. You may also obtain a stay for conducting further inquiry before this appeal is decided.

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

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