Hi, It is better you can contact any local advocate.
Sir, I am working as a executive in Coal India limited. After issue of the Memorandum with charges a departmental inquiry has been conducted by the company.And after the completion of the inquiry the inquiry report has been communicated to me with second memorandum. In fact the inquiry Officer has not considered my defence documents and taken biased decision. Then i replied against the second memorandum and written all the facts to our disciplinary authority.In which i also demanded for re inquiry. Now soon i want to go to appeal to disciplinary authority with different justifications for fresh inquiry so that in case of adverse decision if taken against me I can appeal in the court .For which i require proper draft with legal language.
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I required support of the layer to draft a good letter to the disciplinary authority with legal language in which i can write that the inquiry office has ignored my defence documents and taken the biased decision which is against the principal of natural justice. If complete document is needed i can send it through mail. if mail address give to me.
1) you have to contact a local lawyer
2) only after going through the various documents cited by you can lawyer draft letter to be sent to the company
Now soon i want to go to appeal to disciplinary authority with different justifications for fresh inquiry so that in case of adverse decision if taken against me I can appeal in the court .For which i require proper draft with legal language.
First obtain the report or the orders that have been passed in the inquiry conducted and which was decided agaisnt your interest or againstthe natural justice.
Approach any local lawyer who has experience and skill in service/labor law. If you cannot find anyone to your satisfaction you can select a lawyer from this forum too after verifying their credentials and approach them privately for your needful with willingness to accept the terms of fee/payment/charges for the purpose.
I required support of the layer to draft a good letter to the disciplinary authority with legal language in which i can write that the inquiry office has ignored my defence documents and taken the biased decision which is against the principal of natural justice. If complete document is needed i can send it through mail. if mail address give to me.
This is a general call given by you to all the lawyers em-paneled in this forum, instead you can approach any one lawyer who may satisfy you with their credentials and expertise by having a private consultation with them through this forum who can furnish you the details of the lawyer whom you may choose to engage.
Against the departmental inquiry i have already drafted a letter for appeal to disciplinary authority of COAL INDIA LTD. In which i have written the facts that the inquiry officer has not considered my defence document and taken biased decision point wise.I have written all the input datas which is favourable to me. Now i want to audit /modify my draft according to inputs of the law so it can be go to court in the adverse situation. Here in the nearby no good lawyers are available . If anybody can help me i can send him the details by mail with there terms
1. Re-enquiry may not be part of the disciplinary proceeding. So, it may not be directed by the disciplinary authority,
2. The correct procedure is to appeal before the appellate authority challenging the findings of the enquiry officer,
3. In case the appeal is rejected, you should file a petition before the High Court for relief who may direct re-enquiry.
1. Yes, at this stage you require your appeal to be drafted by a professional lawyer,
2. Engage a local lawyer having expertise in the field of service matters.
You are again repeating the question without understanding what has been told to you. You can choose any lawyer of your choice from this forum and can seek his help of services through private consultation. If you are willing to accept the terms of fee of the lawyer for the services rendered by the lawyer of your choice you can get the needful done, you may contact any lawyer instead of giving a open call to all the lawyers of this forum.
As yet there is no decision against you by the disciplinary authority, so there is nothing you can actually challenge in the court except the composition of the inquiry committee. You are free to engage a lawyer to file a robust draft of your defence.
1. This appeal, if rejected, is expected to be submitted before the High Court for which it is required to well drafted covering all the points of fact and law,
2. For the above drafting, you are required to sit with the Advocate and construct your defense,
3. It is not a good idea to make the draft on line by emailing the evidence and explanation,
4. Select a lawyer having expertise in service matter first and then visit him with all your papers and documents to get your appeal ready keeping an eye on the future case to be filed at High Court, if required.