Q:I work in a government funded research centre. In June 2005, I was suspended without any reason. The centre is registered as a society and has its own memorandum of association and by-laws. It is however not a central government department. The articles of charge were issued in December 2005 under Rule 14 of the Central Civil Service Rules 1965 and I replied to the same by denying the charges within 10 days. On January 31, 2006, the Centre appointed an enquiry officer and a presenting officer. Till date, I have not received any notice from them. What are my options for getting relief?
Deepti Prakash Banerjee
A:In many cases, the actions of similarly funded research organisations have been held to be amenable to judicial review. If you can establish that your employer is under the financial and administrative control of the government, you will be entitled to challenge the arbitrary inaction on its part by filing a writ petition.
Although protracted delay may technically be a ground for the court to disallow the departmental proceedings to be continued, it is more likely that the court will give the employer an opportunity to complete the proceedings within a time frame. If the employer fails to comply, you would have a better chance of quashing the proceedings. You should also make a written representation demanding justice to highlight the fact that you are not responsible for the delay and are being made to suffer as a result of their inaction.
It is incumbent on the enquiry officer to serve a notice immediately about the date, place and time of the inquiry and providing you the opportunity to inspect documents to be used by the employer and to cross-examine their witnesses. Service rules do not provide any time frame for completion of departmental proceedings. However, the principles of fairness and natural justice have to be followed in any case.
Q: Will an employee (whose misconduct has been proved by domestic enquiry and is dismissed) be eligible for provident fund, pension and gratuity? Would it spoil his chances of getting a new job? Is it necessary to disclose the dismissal when applying for a new job? Can one appeal against the domestic enquiry decision?
Jayanta Basak
A: The answer to your queries would depend on the type of organisation the employee is in, the terms of service and the particulars of the order of dismissal. Government service rules provide for appeals before appropriate authorities. Also, decisions of domestic tribunals can be challenged before the court.
However, private firms may not have such a provision and the employee would have to file a civil suit for damages due to wrongful dismissal. The order of dismissal may be challenged under Article 226 of the Constitution in some cases.
The terminal benefits would depend on the actual order of dismissal. Assuming the employee is eligible for pension, the employer may withhold and/or forfeit pension on the grounds that such payments are conditional on good conduct and continuous meritorious service. The outstanding provident fund dues would, of course, have to be paid. Although there is no legal obligation to advertise the dismissal to the prospective employer but in the event the future employer wants to know the reasons for leaving the previous employment, the employee is morally bound to tell him!
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