Hi all
I am a new member want legal opinion that,
whether a charge sheet may be issued without any written complaint to
the Manager, the concerned employee [clerk] caught red handed by CBI in his room on written complaint directly made to the CBI. On the basis of
incidence occurred at office charge sheet issued, now accused is demanding
copy of complaint in domestic enquiry...
From Netherlands
I am a new member want legal opinion that,
whether a charge sheet may be issued without any written complaint to
the Manager, the concerned employee [clerk] caught red handed by CBI in his room on written complaint directly made to the CBI. On the basis of
incidence occurred at office charge sheet issued, now accused is demanding
copy of complaint in domestic enquiry...
From Netherlands
Hi Dear
Chargesheet to be issued on the basis of Incident Report or relevent record, based on containts in such Report or Record, we may charge the sections as applicable. Such Evidence is required.
Rgds
Dhiraj
Chargesheet to be issued on the basis of Incident Report or relevent record, based on containts in such Report or Record, we may charge the sections as applicable. Such Evidence is required.
Rgds
Dhiraj
Hi!
In any enquiry you have to furnish copies of all relevant papers.The person facing enquiry has got right to defend himself.The principles of natural justice says hear the other side before deciding the case.The accused person has got right to defend himself through counsel or appear personally to present his case.If he is not provided relevant papers .how can he present his own case?.It is pre-requisite for enquiry to furnish all papers like complaint/ gist of allegations on him.Or it will become one-sided show.This is against the spirit of the Constitution/Rule of law.Pl follow all rules framed under "Civil Services Rules or relevant service manuals. or go through good law books on Domestic Enquiry" or "Disciplinary Proceedings".
Ravi Kumar
From India, Hyderabad
1In any enquiry you have to furnish copies of all relevant papers.The person facing enquiry has got right to defend himself.The principles of natural justice says hear the other side before deciding the case.The accused person has got right to defend himself through counsel or appear personally to present his case.If he is not provided relevant papers .how can he present his own case?.It is pre-requisite for enquiry to furnish all papers like complaint/ gist of allegations on him.Or it will become one-sided show.This is against the spirit of the Constitution/Rule of law.Pl follow all rules framed under "Civil Services Rules or relevant service manuals. or go through good law books on Domestic Enquiry" or "Disciplinary Proceedings".
Ravi Kumar
From India, Hyderabad
Hi,
What is the basis of the charge-sheet. Some one might have made the complaint.
The clerk is within his rights to ask for the copy of the complaint.
kindly let me know the complete details. After viewing the details I can suggest you
you can reach me on either on my mobile 9810111326 or email
Dr.Daleep K parimoo
What is the basis of the charge-sheet. Some one might have made the complaint.
The clerk is within his rights to ask for the copy of the complaint.
kindly let me know the complete details. After viewing the details I can suggest you
you can reach me on either on my mobile 9810111326 or email
Dr.Daleep K parimoo
its the right of the accused under natural justice to ask for the any relevant document so that he can prepare the case .
about the manager it should be check as mostly manager is the authority and considered as part employer who order the cherge sheet and domestic inquiryso its obvious that authority whoever it is to be informed first and after his approval issue charge sheet as his signature is required there too (on charge sheet).
daleep is right that u should tell the full details of the case so we can advice u sureshot.i m here confused about CBI .was it about something related to work (govt. job) or some private job if private so wat CBI is doing here plz make it clear.
b/c if thats something not-related to his job so the inquiry or charge sheet will be issued on completely different grounds.
plz tell the details as i feel interest in this b/c it will increase my knowledge too.
thanx
umekulsoom
From Pakistan, Karachi
about the manager it should be check as mostly manager is the authority and considered as part employer who order the cherge sheet and domestic inquiryso its obvious that authority whoever it is to be informed first and after his approval issue charge sheet as his signature is required there too (on charge sheet).
daleep is right that u should tell the full details of the case so we can advice u sureshot.i m here confused about CBI .was it about something related to work (govt. job) or some private job if private so wat CBI is doing here plz make it clear.
b/c if thats something not-related to his job so the inquiry or charge sheet will be issued on completely different grounds.
plz tell the details as i feel interest in this b/c it will increase my knowledge too.
thanx
umekulsoom
From Pakistan, Karachi
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