Скачать или смотреть Public Servant l Unprofessional Departmental Action l Dr. Jinesh Soni l 2025

Here are some scenarios that may be considered wrong departmental action:
Dishonest or slipshod inquiry
If a superior officer conducts an inquiry in a dishonest or slipshod manner, the state can take action against them. In extreme cases, they can even be dismissed.
Imposing lenient penalty
A disciplinary authority can be proceeded against for misconduct if they impose a lenient penalty.
Ignoring material evidence
If a disciplinary authority ignores material evidence while drawing an inference about proof of charges, the proceedings can be quashed.
Not adhering to time limit
If a department or organization does not adhere to the time limit for completing a departmental inquiry, it may be considered wrong departmental action.
Here are some other things to know about departmental proceedings:
A civil court can quash departmental proceedings if there are technical irregularities in the procedure. However, the merits of the charge can still be investigated in a fresh departmental inquiry.
A criminal court's acquittal does not necessarily mean that an employee is entitled to reinstatement.
The purpose of a departmental proceeding is to determine if an employee is fit to remain in service.
The standard of proof in a criminal proceeding is different from that in a departmental proceeding.

Dr. Jinesh Soni
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