Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: falsely implicating by employer  (Read 1086 times)

0 Members and 1 Guest are viewing this topic.

Offline legal_help

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
falsely implicating by employer
« on: August 02, 2017, 12:27:34 AM »
I work as an assistant manager in a PSU. I belong to a backward caste. I have given my 25 years of service in a place dominated by a particular higher caste. Being dear to the fellow employees I have won officers union election consecutively for 3 years. Things started to become worse when one of the higher official (DGM) who has always been in a disagreement with me became frustrated with the fact of his dear ones belonging to the same higher caste are unable to win the elections. Soon he resorted to threatenings "if you don't follow my instructions i'll get you in big trouble" . Then after threatening alot of employees junior to him to cast their votes to his candidate or else he'll get them chargesheeted. his candidate won the election and later he got me chargesheeted via company authority in a weird case for negligence in work which everyone including the management knows is a actually not an issue at all. Now even the management is forcefully working under his instructions and carrying the disciplinary case against me ignoring my words. This has caused alot pain and mental agony to me. The decision on the disciplinary case is yet to come. What are the legal remedies.

Offline dhananjaywasnik

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: falsely implicating by employer
« Reply #1 on: October 31, 2017, 08:52:54 AM »
Dear this seems to be a case of caste base harassment, but before that, u will have to see what is your Conduct and Disciplinary Rules says, what are the charges, whether these are based on some complaint about your misbehavior etc. also  you will have to check with CCS Rules, if you can established through some documentary evidence and rule position support your stand, then you can make a case as per atrocity act, also you will have to defend yourself  in this disciplinary case strongly.  Since charge sheet is issued, you will have to face that one also, other way is you can file write in high court for quashing charge sheet , but your case should be strong enough to prove that its wrong charge sheet. 

Offline psdhingra

  • Jr. Legal Expert
  • **
  • Posts: 23
  • Karma: +0/-0
  • Solutions are Always There for Problems, ASK ME
    • View Profile
Re: falsely implicating by employer
« Reply #2 on: December 03, 2017, 09:24:27 AM »
Dear this seems to be a case of caste base harassment, but before that, u will have to see what is your Conduct and Disciplinary Rules says, what are the charges, whether these are based on some complaint about your misbehavior etc. also  you will have to check with CCS Rules, if you can established through some documentary evidence and rule position support your stand, then you can make a case as per atrocity act, also you will have to defend yourself  in this disciplinary case strongly.  Since charge sheet is issued, you will have to face that one also, other way is you can file write in high court for quashing charge sheet , but your case should be strong enough to prove that its wrong charge sheet.


SORRY TO DIFFER WITH YOUR VIEWS, SO FAR AS QUASHING OF CHARGE SHEET IS CONCERNED. In the absence of any solid proof of bias of the disciplinary authority, the courts do not interfere in the executive process of disciplinary action by the organization's competent authority. So, any effort to get the charge sheet quashed by the HC may harm more than expecting any benefit without defending the case in departmental inquiry.
SORRY TO DIFFER WITH YOUR ADVICE TO THE QUERIST TO FILE A CASE IN THE HC FOR QUASHING OF THE CHARGE SHEET. Unless there is strong evidence of bias or illegality in issue of charge sheet, any effort to sue the employer may prove to be more harmful that proving of any benefit to the querist, as courts do not interfere in the administrative processes without any solid evidence of violation of law.
« Last Edit: December 03, 2017, 09:32:23 AM by psdhingra »
*P S DHINGRA*, with 47 years of practical experience, is the renowned name in providing the Best Practical Solutions for Your Complicated Legal, Executive, Professional & Personal Problems

Offline psdhingra

  • Jr. Legal Expert
  • **
  • Posts: 23
  • Karma: +0/-0
  • Solutions are Always There for Problems, ASK ME
    • View Profile
Re: falsely implicating by employer
« Reply #3 on: December 03, 2017, 09:37:13 AM »
I work as an assistant manager in a PSU. I belong to a backward caste. I have given my 25 years of service in a place dominated by a particular higher caste. Being dear to the fellow employees I have won officers union election consecutively for 3 years. Things started to become worse when one of the higher official (DGM) who has always been in a disagreement with me became frustrated with the fact of his dear ones belonging to the same higher caste are unable to win the elections. Soon he resorted to threatenings "if you don't follow my instructions i'll get you in big trouble" . Then after threatening alot of employees junior to him to cast their votes to his candidate or else he'll get them chargesheeted. his candidate won the election and later he got me chargesheeted via company authority in a weird case for negligence in work which everyone including the management knows is a actually not an issue at all. Now even the management is forcefully working under his instructions and carrying the disciplinary case against me ignoring my words. This has caused alot pain and mental agony to me. The decision on the disciplinary case is yet to come. What are the legal remedies.


Before you think about going to court of law, you would be required to complete the process of departmental inquiry. So, you will have to defend your case effectively through some competent knowledgeable Defence Assistant in departmental inquiry case. wait for the inquiry report and order of the disciplinary authority.
Best of luck.
*P S DHINGRA*, with 47 years of practical experience, is the renowned name in providing the Best Practical Solutions for Your Complicated Legal, Executive, Professional & Personal Problems

Offline donpotterla

  • Jr. Legal Expert
  • **
  • Posts: 33
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: falsely implicating by employer
« Reply #4 on: February 20, 2018, 11:55:58 PM »
You can file write in high court for quashing charge sheet, There should be strong evidence of bias or illegality in issue of charge sheet.

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 805
  • Karma: +23/-17
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: falsely implicating by employer
« Reply #5 on: February 21, 2018, 04:25:23 AM »
Dear Sir,

The only remedy is to file a Writ Petition before the concerned High Court seeking quashing of the show cause notice and enquiry initiated against you.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Free legal Advice - lawyers Forum

Re: falsely implicating by employer
« Reply #5 on: February 21, 2018, 04:25:23 AM »

 

File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2018
Get Free legal Advice here from top notch lawyers in India