Home | Legal Advice | Service Law Matters | Celebration video got viral in social media amid lockdown

Celebration video got viral in social media amid lockdown

Shivendra Pratap Singh

Advocate

04/06/2020/ 6:58:14 PM

Reading Time:

I’m a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently, we were suspended yesterday. Can we fight on this issue?

You breached the guidelines of the central government issued for containment of COVID 19. The video became viral on social media and the government took disciplinary action against you. That video is the clinching evidence of your conduct so it will be impossible for you to deny the content of that video. 

When the government takes a disciplinary proceeding against the employee, it has to follow the rule of natural justice and procedure laid down in the service conduct rule. Whether the department has issued any show cause notice for clarification about the incident? Did the department give you a chance to prove your version against that video? 

If there are any procedural lapses then you can challenge the suspension order. First you should give a representation to the concerned competent authority to furnish the

  • Evidence
  • Statement of witness
  • Constitution of inquiry commission or board
  • Material available for framing of charges

The department is bound to furnish all the information available on the record. You have a right to claim further clarification and examination of witness before framing of charges against you. The suspension order is a major punishment. Therefore, you have the right to challenge it in the court if there are any procedural flaws.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Refused leave on pending departmental inquiry

When the probability of conviction in departmental inquiry is bleak or the allegations made in charge sheet are bald then the concerned authority should not refuse your leave application. The applicant should approach the Central Administrative Tribunal for quashing of the order of refusal of leave application.

Termination without notice

When the agreement explicitly enumerates that performance of notice period is mandatory before termination of service then the employer cannot fire the employee without notice. In this situation the employee should send a legal notice to the employer for revocation of termination order.

Leave for educational purpose

I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54