From
Smt C Gowsalya
LDC (under suspension)
Cantonment Board
Wellington 643 242
Tamil Nadu.
To
Shri C Palanichamy
Inquiry Officer and
Sanitary Inspector
Cantonment Board
Wellington 643 242
Tamil Nadu.
Respected Sir,
sub: Inquiry is vitiated- nomination of defence assistant not accepted-reg
ref: handwritten minutes, in Tamil, of the question-answer
Smt C Gowsalya
LDC (under suspension)
Cantonment Board
Wellington 643 242
Tamil Nadu.
To
Shri C Palanichamy
Inquiry Officer and
Sanitary Inspector
Cantonment Board
Wellington 643 242
Tamil Nadu.
Respected Sir,
sub: Inquiry is vitiated- nomination of defence assistant not accepted-reg
ref: handwritten minutes, in Tamil, of the question-answer
session conducted by the Inquiry Officer dtd 11 March 2019.
I most humbly bring to your kind attention the following for your benign consideration
and remedial action.
1) I was summoned by the Presenting Officer to attend the inquiry on 11.03.2019 at our
headquarters, Wellington. The presenting officer is not empowered to conduct the inquiry
and to issue the summons. It is improper and hence not binding on me, the charged
official. Nevertheless I did attend the inquiry and participated in it till the end offering
my fullest cooperation.
2) I have submitted my nomination of defence assistant along with the necessary
documents. I have nominated one Shri P Ilango Subramanian who is not a legal
practitioner but a retired Government servant from the department of Telecom,
Government of India. But my nomination of defence assistant was not accepted
and I was subjected to questioning without being assisted by the defence assistant.
This tantamounts to denial of reasonable opportunity guaranteed under article 311 (2)
of the Constitution of India.and hence unconstitutional and this has vitiated the inquiry.
I have appealed to the Disciplinary Authority against this injustice meted out to me.
3) The answers extracted from me without the defence assistant helping me
during the said inquiry are not valid in the eyes of law. Therefore any adverse
decision based on those statements should not be made binding on me. I kindly
request you to make the said sitting and the proceedings null and void since
the said sitting of the inquiry was not constituted lawfully.
4) I may kindly be informed about the time schedule of the subsequent sittings.
An impartial and fair trial may be ensured. This is my humble request.
Thanking you,
Yours faithfully,
........................
(Smt C Gowsalya)
Station: Wellington
Date: 13 March 2019.
I most humbly bring to your kind attention the following for your benign consideration
and remedial action.
1) I was summoned by the Presenting Officer to attend the inquiry on 11.03.2019 at our
headquarters, Wellington. The presenting officer is not empowered to conduct the inquiry
and to issue the summons. It is improper and hence not binding on me, the charged
official. Nevertheless I did attend the inquiry and participated in it till the end offering
my fullest cooperation.
2) I have submitted my nomination of defence assistant along with the necessary
documents. I have nominated one Shri P Ilango Subramanian who is not a legal
practitioner but a retired Government servant from the department of Telecom,
Government of India. But my nomination of defence assistant was not accepted
and I was subjected to questioning without being assisted by the defence assistant.
This tantamounts to denial of reasonable opportunity guaranteed under article 311 (2)
of the Constitution of India.and hence unconstitutional and this has vitiated the inquiry.
I have appealed to the Disciplinary Authority against this injustice meted out to me.
3) The answers extracted from me without the defence assistant helping me
during the said inquiry are not valid in the eyes of law. Therefore any adverse
decision based on those statements should not be made binding on me. I kindly
request you to make the said sitting and the proceedings null and void since
the said sitting of the inquiry was not constituted lawfully.
4) I may kindly be informed about the time schedule of the subsequent sittings.
An impartial and fair trial may be ensured. This is my humble request.
Thanking you,
Yours faithfully,
........................
(Smt C Gowsalya)
Station: Wellington
Date: 13 March 2019.
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