Service Matters

The department has changed the old promotion policy after receiving approval from the governor. The 1986 rule has been completely replaced to promote junior officers who have additional qualifications. However, these qualifications were not required at the time of my joining the department. Later, some internal courses were conducted by the department to improve the officers’ efficiency, resulting in the eligibility of very junior officers for promotion. 

This new promotion policy has curtailed the rights of senior officers, and the state government has entirely ignored the services rendered by them. As senior officers, we are facing humiliation because our junior officers will be promoted and rule over us in the department. We want to set aside this new promotion policy and apply the old policy, which was adopted in 1986.

I served in Medical Education for 37 years in the Government of Madhya Pradesh in Bhopal and was entitled to a pension after retirement. I sought and received permission (NOC) after completing 37 years of government service to appear for an examination/interview for the position of Professor at AIIMS in Raipur, Chhattisgarh. I was selected for the position, but my previous employer relieved me on technical resignation. However, my pension gratuity has not been sanctioned. Please advise me on what to do next.

My CMD has directed the authority to initiate a fresh disciplinary proceeding after quashment of earlier inquiry. The High Court has quashed the earlier departmental inquiry on the ground of lack of sufficient materials. When I served the certified copy of the high court’s judgement the CMD was not willing to join me. He told me to join after a month. In the meantime the CMD has directed the AEO to initiate a fresh departmental inquiry. After receiving the order of the CMD a fresh inquiry has been initiated without furnishing a charge sheet. Moreover, the CMD has passed a fresh suspension order thereby suspending me. 

A formal departmental inquiry has been set up without holding a preliminary inquiry. I want to challenge the validity of the formal departmental inquiry. Is there any rule that preliminary inquiry is not necessary? My superior officer received some complaints against me. The complaints were related to the deliberate defaults in preparation of the electricity bills. In absence of preliminary inquiry I did not defend myself. It is a serious matter and I want to take legal recourse. Please suggest.

SP has dismissed me from the service only on the basis of the preliminary report prepared by the C.O. of my circle. Some businessmen alleged that I used to extort money from them. They approached the superintendent of police for my transfer. But the SP refused. Thereafter, they approached the local MLA and MP for taking action against me. The MP has mounted pressure on the IG to take appropriate action against me on the complaint of those businessmen. I never extorted money from them. The allegation is false and frivolous. 

This is made with the intention to transfer me from the XXXXX police station. Actually, I have strictly stopped the illegal business of those traders for importing raw ayurvedic goods from Nepal and exporting fertiliser and other goods from India. The CO city conducted a preliminary inquiry and submitted it to the SP. Thereupon the SP suspended me and later on terminated me from the service. Can I get justice from the High Court?

Whether departmental enquiry can be initiated on the basis of preliminary enquiry? There was a quarrel and misbehaviour of some police personnels on the issue of detailment of duty. In the heat of the quarrel some policemen became violent and started to pleting stones. The then SP constituted a team to do a preliminary inquiry and submit it to him within one week. 

After receiving the preliminary report the SP has initiated departmental inquiry against the twenty nine policemen. We are opposing the formation of the committee because the inspector was very biassed and he was directed by the SP to furnish a report against selected policemen. Therefore, in the compliance of the said direction the inspector submitted the report against the selected policemen who were on the radar of SP.

Can the department stay the disciplinary proceeding until the conclusion of the criminal case? I am facing a departmental inquiry. The department has lodged a first information report against me on the same allegation as made in the disciplinary proceeding. Both cases are running simultaneously and I am appearing and coordinating therein. I want to stay the criminal proceedings till the conclusion of the criminal trial. Is it possible? If yes, please suggest what the procedure is?

Can the department carry on the departmental enquiry even after acquittal in the criminal case which was filed on the basis of the departmental proceeding. I am working as an executive engineer in the Public Works Department. When I was posted in XXX some tenders were issued in respect of construction of the amusement park. Later on a departmental enquiry was constituted to examine the corruption in that amusement park. Therefore the principal secretary had ordered a disciplinary proceeding against me. 

In the same case the principal secretary was also ordered to lodge First Information Report against me under the prevention of corruption act. In the trial of that Criminal Case the special Court found no evidence against me; therefore acquitted me from all charges. The state government preferred an appeal against judgement of the special Court. 

The appellate court also dismissed the appeal of the state government. At present I am exonerated from the criminal charges. Despite that the department is not ready to drop the disciplinary proceeding. I want to know if I file a writ petition in the High Court, is there any possibility that the High Court mein direct the state government to top the department of proceedings on the basis of equator in criminal offences?  Please suggest.

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?

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 not promoting me is the pending departmental inquiry. Please explain what is departmental inquiry?