Delayed intimation of false fir by govt servant.
Querist :
Anonymous
(Querist) 03 April 2022
This query is : Resolved
Respected sir/madam,
Pls give your suggestion and legal opinion on the following:
I am a government servant. A false case has been registered against me. I got terrified and didn't inform my department regarding the same. I was never arrested in this case and got anticipatory bail from court.
I informed my department after 8-9 months regarding the case after FIR. Almost 15 months have since passed. A departmental enquiry had been conducted 1 year back I was asked a few question. I submitted the written reply. Since then nothing came out.
My case is pending trail. On anticipatory bail and no charges ever framed till date.
My question is will I be suspended or removed from job as I delayed in intimating my Deptt? Pls reply I am very tensed since last 2 years!
kavksatyanarayana
(Expert) 03 April 2022
I think you are really lucky. When you are on bail means, the case is a criminal and actually, suspension can be issued to you. As of now, no action is taken against you, try for early disposal of the case through your own counsel. But either the court or the police will officially inform your department, then disciplinary action will be initiated. so try for early disposal of your case.
P. Venu
(Expert) 10 April 2022
To my knowledge, there is no service rule requiring a Government servant should intimate if a FIR is lodged against him. It is only that intimation needs to be given a person is arrested.
Moreover, how you are in the know of the FIR? Have you been called by the police for investigation or recording statement? What is the present status of the FIR? Have you recived summons from the Trial Court?
By the way, why the departmental inquiry? What are the charges?
Querist :
Anonymous
(Querist) 11 April 2022
Thanks P Venu sir for your reply,
Actually, this was the case of proposed marriage. The marriage didn't happen. The girl herself backed out of marriage. Later her family lodged a False FIR claiming that they were forced to pay dowry and when they didn't pay the marriage was called off by my (boy's) side. Moreover the girl also furthered the claim that she was subjected to false promise of marriage and lured into the physical relationship.
I was granted anticipatory bail by the court. No arrest had been made. The case is pending at session court since last 2.5 years. No charges are framed till date.
P. Venu
(Expert) 11 April 2022
What about the departmental inquiry you have mentioned? Have you been served with the charge-memo. Please note that a departmental inquiry is not just asking a few questions.
By the way, who has asked the questions? What were the questions?
Querist :
Anonymous
(Querist) 12 April 2022
Sir I have not received the charge memo. The questions were asked by the 4 members committee. May be It was a fact finding committee.
Sir my concern is that will this case be detrimental for my govt job. I couldn't sleep properly since these years.
P. Venu
(Expert) 12 April 2022
Yes, it was just a fact finding preliminary inquiry. May be, there is no prima facie evidence for initiating the disciplinary proceedings.
In the absence of charge-memo being issued for the departmental proceedings and no judicial proceedings, there is nothing adverse to career, presently.
