Corruption
Dr S Suraj
(Querist) 30 May 2014
This query is : Resolved
Respected Sir,
A Government Doctor was trapped by ACB taking a bribe amount of Rs 25,000 in a medical college in Hyderabad. He was arrested and was in judicial custody from 28.03.2011 to 11.04.2011. He was suspended for 1 year and posted again in another medical college in the same city.
1. What is Punishment for Corruption ?
2. Can a Doctor in judicial custody for more than 48 hrs can continue service ?
3. Can he be posted at the same station ( City or District )
Please provide references.
Thanking You Sir,
Suraj
Guest
(Expert) 30 May 2014
He was already suspended for 1 year and now posted in another place of same city.He was also arrested and should have been let in bail.There is nothing wrong he being posted in same city after the punishment of 1 year suspension with bad remark already on him.What else you expect to be done to him.
ajay sethi
(Expert) 30 May 2014
what happened to the case filed against him ?
Guest
(Expert) 30 May 2014
Dr. Suraj,
First of all, since the case does not belong to you and also from the spirit of contents of your query, it seems as if you do not want that the concerned doctor should not remain in service after he was caught red handed by the ACB.
Secondly the question of punishment at this stage is premature and irrelevant, as the case is still in the court and also it should not be your concern whether the other doctors gets punished or not.
However, the replies to your queries are as under:
1) Corruption has to be proved first and only then the question of nature and quantum punishment arises, which further depends upon the proof about gravity of offence and what view the judge of the case takes. So, your query is premature.
2) Being in judicial custody the event is relevant to his deemed suspension, but not for his continuation in service after revocation of his suspension. Just imagine, if his suspension is revoked by the competent authority, why his duty period should not be utilised for which he is being paid.
3) After revocation of service his service can be utilised anywhere. There is bar on posting in same station.
Rajendra K Goyal
(Expert) 30 May 2014
Well advised, agree with the expert PS Dhingra ji.
Dr S Suraj
(Querist) 30 May 2014
Thanks for your Advice Sir, this information is very helpful and sufficient.
Guest
(Expert) 30 May 2014
You are welcomebut with reality of the problem and your concern on the problem, and thanks for your appreciation also.
Sudhir Kumar, Advocate
(Expert) 30 May 2014
I will disagree with Mr N.J.S.Rajkumar alias narasimha
One year suspension is not a punishement and case is already going one.
Sudhir Kumar, Advocate
(Expert) 30 May 2014
Agreeing with Mr Dhingra I will respond to your questions:-
1. What is Punishment for Corruption ?
Ans : Read PC Act.
2. Can a Doctor in judicial custody for more than 48 hrs can continue service ?
Ans : He is continuig. H e will continue in service until :-
(i) deptt decided paralell departmental proceedings (or fresh proceedings if acquitted on technical grounds and not on on merit) and he is dismissed on proving of charges (without waiting for court case to finish)
(ii) He is convicted and dismissed without inquiry.
3. Can he be posted at the same station (City or District )
Ans : He can be posted to same place and he cannot be posted
All depends upon the recommendation of CBI and discretion of deptt. No actionable right is vested.
Office prudence says he should not be posted to same place.
