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 9772946899