Q: I am a government employee residing with my family, consisting of my aged mother and unemployed brother. One of my neighbours has recently complained to my senior officer that my brother has bitten him and that my mother is allegedly showering him with abusive language. These are completely baseless allegations.
The officer knows very well that a false complaint has been filed and this is part of a conspiracy against me. But he has indicated that he will prepare a report with enquiry. I am very frightened to think that he may take some punitive action against me. What kind of action can he take? Can I challenge the report he may make against me in a court of law? Please advise.
Ajoy Mukherjee, Burdwan
A: Prima facie there appears to be no grounds for bringing any charge against you by your employer. Generally, a private quarrel or dispute between your neighbours and members of your family could be no concern to your employer, unless it could be shown that you acted in some way that amounts to misconduct under the service rules governing you or that your conduct was unbecoming of a government servant.
In any event, as an employee of the government you enjoy the protection of Article 311 of the Constitution and no punishment can be imposed on you except after an inquiry in which you are specifically informed of the charges against you and are given an opportunity of being heard in respect thereof. The action that might be taken against you would eventually depend on the nature and gravity of the offence, if proved.
Given the completely unbelievable and fantastic nature of the allegations made in the complaint received from an outsider, the concerned officer would probably first hold a preliminary enquiry to find out whether it is advisable to go into full-fledged disciplinary proceedings. In your case, it is unlikely that he will proceed further. However, if a chargesheet is issued, it would be advisable to immediately challenge the same by way of a writ petition, if you can show that the charges framed against you do not amount to misconduct on your part at all.
The scope of challenging the final report of the enquiry officer, once it is prepared after duly constituted proceedings, is usually limited, since the courts do not generally interfere with the findings of fact recorded by the enquiry officer unless they find his conclusions were not based on any evidence or feels that no reasonable person could have arrived at such findings. Of course, the court may set aside any punishment if the same is disproportionate to the charge.
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