Ilansezhiyan (Admin Manager) 07 October 2014

Action against govt. staff

I introduce myself as Chezhian, I have booked a land grapping case against a Govt. Staff, and FIR has been filed against him.

The party has accepted their fault and given it in writing in 20 rupees stamp paper and they said that they will proceed further in court.

The FIR copy has been sent to his office head from police station with acknowledgement, but I am surprised to note that no action has been taken against him, and he still continues in the job.

Kindly let me know whether a Govt. staff can continue in job when there is a case against him.

Pls. advise how can I proceed further.

My Mail Id. is : sezhy.s@gmail.com

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 October 2014

Dear,

If the FIR is regarding the action performed as an employee of the Govt, then he could be asked to sit home unless the investigation gets completed, but if the FIR is outside the purview of his official activities, then it will not affect his services. Rather you have to write a formal complaint to his senior regarding the same and then only any action can be taken against him.

Advocate Kapil Chandna

9899011450

Sudhir Kumar, Advocate (Advocate) 08 October 2014

wheyther he was in custody for beyond 48 hours.

Sudhir Kumar, Advocate (Advocate) 08 October 2014

what are the contents of the FIR.

Ilansezhiyan (Admin Manager) 09 October 2014

Thanks for your reply sir.

Pls.note FIR was booked under Section 465,468,471,294(6),506(i).

He has accepted the fault and given the same by writing in Rs.20/- Stamp Paper with Finger Print.

Sudhir Kumar, Advocate (Advocate) 09 October 2014

465,468,471 All these sections pertain to lack of integrity which is a professional misconduct for govt employee. A govt servant has to maintain absolute integrity even in non-official life. If deptt wants he can issue chargesheet for showing dishonesty even in private life and for that the deptt is not bound to wait for the court verdict, to initiate their quasi-judicial process. His affidavit can be evidence for the deptt.

Sudhir Kumar, Advocate (Advocate) 09 October 2014

replied on your PM

benefit of similarly suffering persons I repeat the same

HIS OFFICER IS WRONG. IF HE WAS IN CUSTODY FOR 48 HOURS HE IS DEEMED SUSPENDED AND NO NOC OF POLICE CAN P[UT HIM BACK ONLY DUTY UNLESS THE SAME IS REVOKED BY THE COMPETENT AUTHORITY. IF HE HAS JOINED DUTY AFTER HIDING CUSTODY BEYOND 48 HOURS THEN HIS SALARY DRAWN IS IRREGULAR AS HE IS A DEEMED SUSPENDED EMPLOYEE. HE IS ALSO UNDER OBLIGATION TO REPORT HIS ARREST/BAIL TO THE DEPTT AND FAILING TO DO SO HE IS LIABLE FOR DISCIPLINARY ACTION.

You are free to write to the highest authroity in his department.