Department penalty
2 years ago
Sir,
I work in a psu and have been penalized by my department based on some assumption .Inquiry Report was in my favour,However the disciplinary authority didn't accepted the inquiry findings and served disagreement memorandum and finally penalised me.I submitted my appeal to my appealate authority which was also rejected by him.Now if I try to move to court for justice the empanel lawyer of my dept will definitely make plea that I have not exhausted all the channels of my dept and will ask to write to our CMD..The court has accepted such plea in past .Is there any legal remedy which will allow me to settle through high court itself and stop from going to CMD?
A.Dear Client,
There is no such limitation that might deprive you of having a direction or a decree of the court, in the said matter.
You may go for the High Court. Generally, in service matters, interim reliefs are granted, so there is a possibility that the court might not even refer to the CMD enquriy. You can just rely on the previous enquiry reports and stress upon the same, while arguing.
Thanks
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There is no such limitation that might deprive you of having a direction or a decree of the court, in the said matter.
You may go for the High Court. Generally, in service matters, interim reliefs are granted, so there is a possibility that the court might not even refer to the CMD enquriy. You can just rely on the previous enquiry reports and stress upon the same, while arguing.
Thanks
Please Like
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A.Dear Client
Even if the department lawyer challenges that all channels have not been exhausted by filing the case in court the process will be faster. If the court orders for the CMD to look into that then the CMD will be looking into the case with objectivity.
I would have preferred to move the court first then doing anything else to fasten the process.
Even if the department lawyer challenges that all channels have not been exhausted by filing the case in court the process will be faster. If the court orders for the CMD to look into that then the CMD will be looking into the case with objectivity.
I would have preferred to move the court first then doing anything else to fasten the process.
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