Dismissal in departmenal proceedings Dismissal in departmenal proceedings

2 years ago

While establishing the charge of misappropriation, the enquiry officer proved it beyond preponderance of probability. But disciplinary authority disagreeing with this, without giving opportunity to delinquent proved it on preponderance of probability. Can I get relief on a writ in High court?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,

The department may or may not accept enquiry report. You may approach service tribunal or High Court and may get set-aside such dismissal order. You can base your pleedings and arguments on such enquiry report and succeed.
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Anupam Shandilya

Responded 2 years ago

A.Dear client,
If the organization you are working is a government organization or a body recognized by the govt. then definitely you can file a writ in the high court for redressal of your grievance for not following the principle of natural justice.
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Anik

Responded 2 years ago

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A.Dear Client,

As per the facts which have been provided it is better to consult an advocate in this case.

Hope this clarifies your doubt and requirement.

Thank you.
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