Manashi Pathak 23 April 2018
A central govt. employee demanded bribe and was caught red handed by CBI. Consequent to his arrest the person was suspensed from his job. Now the question is what is the procedure to terminate him. That employee is still in jail. Bail is not yet granted. Under such circumstances whether to conduct any disciplinary enquiry befory terminating him. If DE is initiated, such employee wont be able to participate as he would be in jail. Comments of experts are invited.
Sudhir Kumar, Advocate (Advocate) 25 April 2018
If you conduct disciplinary inquiry then the person hasa right to attend the proceedings and he will be brought to the inquiry in custory and the IO need to be authroised u/s 4 of Deptt Inqiry Act whereby his commons will be binding on the Jail authroities to bring the prisoner for deptt trail.
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