Repeated departmental enquiry on the same points

Dear Client,

Yes, you can try to get the new departmental enquiry stayed, but it has to be challenged before the proper forum (usually the High Court by writ petition, or service tribunal if available), not just before the department itself. A second enquiry on the same allegations is generally not allowed unless the first enquiry was set aside for serious defects or there is genuinely new evidence, otherwise, it is treated as harassment and “double jeopardy” in service law. Also, denying your wife a copy of the fresh complaint goes against basic principles of natural justice, as courts have held that an employee is entitled to know and receive the material used against them to prepare a defence. So, first send a detailed written representation to the competent and higher authority pointing out the earlier clean enquiries and requesting that this fresh enquiry be dropped or kept in abeyance and that a copy of the complaint be supplied. If they still proceed, file a writ petition seeking a stay of the enquiry and directions to supply all complaint and enquiry papers.

I hope this helps and if you have any further issues do not hesitate to contact us.