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jaminder s bibra (army)     08 November 2018

Criminal case

this is a case regarding a govt employee group c civilian driver

he was arrested in 1997 for alleged dowry death of his wife and sent to jail 

the competent authority in the office also suspended him

later he was released on bail

his suspension was also revoked by the office in 1997

the police case against the driver has not progressed him since then 

letteres to the police authorities have not received any response

the driver rejoined office in 1997 after bail and revoking suspension and is in service till 2023 when he retires

clarifications required 

-is the bail to continue indefinitely once granted

-can the driver rejoin office once on bail and after revoking suspension

-can the driver be sent on suspension now till the time his case is not resolved by the police on grounds that his case provides a bad influence

-what is the way to get his bail revoked now and sent to jail for awaiting the outcome of his case with the police

-any other way to resolve this case



Learning

 5 Replies

jaminder s bibra (army)     09 November 2018

any answers from the earned panelists

P. Venu (Advocate)     09 November 2018

What is the justification in cancelling the bail and revoking the suspension? Moreover, what is the ground for your concern in the matter?

jaminder s bibra (army)     09 November 2018

the employee is working under me 

discipline is not good

does not listen to any advisory

does not apply for leave

absents regularly

habitual latecomer

Dr J C Vashista (Advocate)     10 November 2018

Have you initiated any disciplinary proceeding against the deliquent official for the allegation stated herein above?

How is it possible that chargesheet has not been filed by police since 1997 ?

There are several unbelievable informations in your statement. What is the opinion and advise of Government standing counsel ?

It would be appropriate to consult another local lawyer for better appreciation of facts, guidance and proceeding. 

P. Venu (Advocate)     10 November 2018

If a responsible officer, you need to handle the aspects of indiscipline, if any, in discharge of his official duties needs to be handled independent of the proceedings in the  criminal case.


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