Legal Advice

I am facing a departmental inquiry without furnishing a copy of the preliminary investigation report.

Question: I am facing a departmental inquiry without furnishing a copy of the preliminary investigation report. No charge sheet was served upon me. The department is appointed an inquiry officer to conduct the departmental inquiry. Now the problem is that I have no information about the allegations. In this situation can I challenge the departmental inquiry?

Advise

It is possible to challenge a departmental inquiry if you believe that the inquiry is being conducted in an unfair or unjust manner, or if you have not been provided with a copy of the preliminary investigation report or a charge sheet.

In India, under the principles of natural justice, an accused person has the right to know the charges against them and to be given an opportunity to defend themselves. Therefore, it is important that you are provided with a copy of the preliminary investigation report and a charge sheet, so that you can understand the allegations against you and prepare a defense.

You can raise your objections to the departmental inquiry by writing to the inquiry officer or the concerned department, stating that you have not been provided with a copy of the preliminary investigation report or a charge sheet, and that you are unable to prepare a defense without this information.

It’s important to note that, the departmental inquiry is a procedural matter, and it’s best to consult with a lawyer for guidance on the specific details of your case and the best course of action. They can provide you with legal advice on the options available to you, and help you understand your rights and responsibilities under the principles of natural justice.

It is also possible to file a writ petition in the High Court challenging the departmental inquiry if you are not satisfied with the way the inquiry is being conducted.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Service & Labour

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