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Tuesday, August 03, 2021

CAT denies relief to Chandigarh head constable for stay on departmental inquiry

The bench of Ajanta Dayalan (Member), after hearing the matter said that there is no allegation that the same has not been ordered by the competent authority.

By: Express News Service | Chandigarh |
June 15, 2021 4:59:01 am
“The applicant would have an opportunity to defend himself during the process of inquiry. Therefore, I do not see any reason for interfering with the impunged order at this stage,” read the order of the CAT bench, while declining relief to the petitioner.

The Chandigarh bench of Central Administrative Tribunal (CAT) has denied any interim relief to the Chandigarh Police Head Constable, who was seeking a stay on the departmental proceedings initiated against the latter by the UT Police department, in relation to the charges of sensationalising the issue of irregularity in computer-based test for the post of constables.

The petitioner, Jagjeet Singh, through counsel, Advocate Sumati Jund, has contended that he has been in the Chandigarh Police since 2000, and has been raising various issues related to the system reforms in the police department which, apparently, has annoyed his superiors, and thus, the they are bent upon harassing the applicant.

It was further contended by Singh’s counsel that the departmental inquiry initiated against him on May 6 is baseless as the applicant has been accused of unnecessarily sensationising in the media the issue of irregularity in computer-based test for the post of constables, by giving his own version. However, this charge is not based on evidence, and therefore the departmental inquiry needs to be set aside.

The Counsel for UT, Arvind Moudgil, opposing the plea of Singh, submitted that the departmental inquiry can be stayed only on legal grounds, such as that the same has not been ordered by the competent authority or has been initiated illegally. Moreover, as far as the charges and evidences are concerned, the same have be considered and concluded first by the executive authority before the Tribunal interferes, he said.

The bench of Ajanta Dayalan (Member), after hearing the matter said that there is no allegation that the same has not been ordered by the competent authority.

“The applicant would have an opportunity to defend himself during the process of inquiry. Therefore, I do not see any reason for interfering with the impunged order at this stage,” read the order of the CAT bench, while declining relief to the petitioner.

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