• Dis satisfaction with the departmental inquiry in PSU

Sir, I am working as a executive in Coal India limited. After issue of the Memorandum with charges a departmental inquiry  has been conducted by the company.And after the completion of the inquiry the inquiry report has been communicated to me with second memorandum. In fact the inquiry Officer has not considered my defence documents and taken biased decision. Then i replied against the second memorandum and written all the facts to our disciplinary authority.In which i also demanded for re inquiry. Now soon i want to go to appeal to disciplinary authority with different justifications for fresh inquiry so that in case of adverse decision if taken against me I can appeal in the  court .For which i require proper draft with legal language.
Asked 6 months ago in Labour from Korba, Chhattisgarh
Hi, It is better you can contact any local advocate.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you have to contact a local lawyer 

2) only after going through the various documents cited by you can lawyer draft letter to be sent to the company 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
 Now soon i want to go to appeal to disciplinary authority with different justifications for fresh inquiry so that in case of adverse decision if taken against me I can appeal in the  court .For which i require proper draft with legal language.

First obtain the report or the orders that have been passed in the inquiry conducted and which was decided agaisnt your interest or againstthe natural justice.
Approach any local lawyer who has experience and skill in service/labor law.  If you cannot find anyone to your satisfaction you can select a lawyer from this forum too after verifying their credentials and approach them privately for your needful with willingness to accept the terms of fee/payment/charges for the purpose.   
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
I required support of the layer to draft a good letter to the disciplinary authority with legal language in which i can write that the inquiry office has ignored my defence documents and taken the biased decision which is against the principal of natural justice.  If complete document is needed i can send it through mail. if mail address give to me.

This is a general call given by you to all the lawyers em-paneled in this forum, instead you can approach any one lawyer who may satisfy you with their credentials and expertise by having a private consultation with them through this forum who can furnish you the details of the lawyer whom you may choose to engage.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. Re-enquiry may not be part of the disciplinary proceeding. So, it may not be directed by the disciplinary authority,

2. The correct procedure is to appeal before the appellate authority challenging the findings of the enquiry officer,

3. In case the appeal is rejected, you should file a petition before the High Court for relief who may direct re-enquiry. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Yes, at this stage you require your appeal to be drafted by a professional lawyer,

2. Engage a local lawyer  having expertise in the field of service matters.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You are again repeating the question without understanding what has been told to you.  You can choose any lawyer of your choice from this forum and can seek his help of services through private consultation.  If you are willing to accept the terms of fee of the lawyer for the services rendered by the lawyer of your choice you can get the needful done, you may contact any lawyer instead of giving a open call to all the lawyers of this forum.  
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
As yet there is no decision against you by the disciplinary authority, so there is nothing you can actually challenge in the court except the composition of the inquiry committee. You are free to engage a lawyer to file a robust draft of your defence. 
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
1.  This appeal, if rejected, is expected to be submitted before the High Court for which it is required to well drafted covering all the points of fact and law,

2. For the above drafting, you are required to sit with the Advocate and construct your defense,

3. It is not a good idea to make the draft on line by emailing the evidence and explanation,

4. Select a lawyer having expertise in service matter first and then visit him with all your papers and documents to get your appeal ready keeping an eye on the future case to be filed at High Court, if required.    
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) you have to contact any lawyer on this website pay his legal fees and based on his inputs send letter to dusciplinary authority 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0

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