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...
Service & Labour
Quashing of departmental inquiry
The Supreme Court of India has made several judgments regarding the quashing of departmental inquiries. In general, the Court has held that the power to quash a departmental inquiry should be exercised sparingly, and only in exceptional circumstances such as where the inquiry is found to be...
Disciplinary action
Disciplinary action refers to the measures taken by an employer (typically a government agency or public sector organization) against an employee for misconduct or violation of company policies or regulations. The purpose of disciplinary action is to correct the behavior of the employee and...
What is departmental inquiry?
Question: I am working in the central government department. My promotion is pending and the department does not want to promote me. Even in the DPC my candidature has rejected. As per my information no departmental inquiry has been initiated against me. But the department has given the reason for...
Departmental inquiry without chargesheet is not permitted
Question: Is it permissible to conduct a departmental inquiry without a chargesheet being filed? The department has initiated a departmental inquiry against me but did not serve a chargesheet. I have sent many reminders to the head of the department to please provide a copyof the chargesheet but...
Termination on the findings of preliminary inquiry report is illegal
Question: Government has passed termination order on the findings of a preliminary inquiry report. I want to know whether it is legal or illegal. What action should be taken? The allegation levelled against me is that I have been appointed by a forged appointment letter. That allegation is false....
Can the government dismiss an employee who secured a job in the reserved category without fraud?
Question: Can the government dismiss an employee who secured a job in the reserved category without fraud? I’m appointed as a junior engineer in the government department in the other backward category. At the time of recruitment my caste was considered as an OBC but later on it was converted into...
Can international institutions enjoy immunity to suit in India?
Question: Can such institutions with immunity act with such impunity? Can international institutions enjoy immunity to suit in India? Is such deprivation of pension by international institutions immune to suit? Please Advise what I should do. An international institution has stopped my pension...
How to find who is the legally wedded wife of a deceased government servant?
Question: How to find who is the legally wedded wife of a deceased government servant? After the death of a Central Government Servant, two claimants submitted their claims for family pension and other terminal benefits. No divorce papers were submitted either by the first wife or second wife....
Whether a son is dependent in respect of availing medical facilities of retired father
Question: My son is facing a serious heart ailment and surgery is required as soon as possible. I am a retired government servant and receiving a pension. According to the pension rule, the medical facilities are given to the retired government and his dependents. When I approached the government...
Can a university take house rent from its employee?
Question: Can a university take house rent from its employee? I am a regular employee of Baba Farid university. I am a nursing demonstrator. I have been pursuing my M.Sc. from Baba Farid university. I am residing in govt accommodation. As I am a student and I am not given a sixth pay commission...
No EPF contribution by startup
Question: No EPF contribution by startup. I switched job in 2018 from a MNC to a startup with 20+ employees. The startup is not contributing to the EPF. At the time of joining they said I could opt out (basic salary 15k+) of it and I agreed and completed the formalities. I am joining a new company...
Government has withhold pension in lieu of criminal proceedings
Question: Government has withhold pension in lieu of criminal proceedings . A central government employee retired in 2001 and criminal proceedings initiated in 2007. He is being convicted in 2022. Is Presidential sanction necessary under rule 9 of CCA Conduct Rule to withhold his pension or...
Quashing of major penalty charge sheet and further stopping disciplinary proceedings or enquiry
Question: Sir, I am transferred by the lending department of North Western railway to the borrowing department of railway RDSO Lucknow wherein a major penalty charge sheet has been issued for misuse of Duty Card Pass without approval of the tour programme which was not possible during the period...
File a writ petition where cause of action partly arises
Question: A writ petition can be filed where cause of action partly arises. Sir, I want to know can I file a writ petition in the High Court in whose territorial jurisdiction I am currently living? I applied for a post in the Reserve Bank of India. Final result has been published on its website....