Dismissal from service query reg
Kuppan.K.S
(Querist) 01 August 2015
This query is : Resolved
A govt employee convicted in a criminal case and dept issued SCN under Rule 19 of CCS rules. Appeal admitted challenging conviction order. Is it mandatory to dismiss the employee?
Anupam Lahiri
(Expert) 01 August 2015
Dear Kuppan,
conviction in a criminal case where the case involves a moral turpitude, dismissal from service is a natural consequence.
Admition of appeal only suspends the convition.
It a general practice in Central Government that on conviction, the employees' service is dismissed. Only in case the conviction is reversed in appeal, the Appointing Authority invokes the power of revision.
Anupam Lahiri
Guest
(Expert) 01 August 2015
Mr. Kuppan,
Your query does not seem to relate to your own problem.
However, if that be, admission of appeal in the court has no effect on implemetation of the decision of the Disciplinary Authority under Rule 19, unless the authority is convinced about the reply to SCN in defence or if the employee is honourably acquitted, as a result of the appeal.
You may effectively represent yourself to convince the disciplinary authority that your dismissal would be quite unjustified, if not waited for the judgment on your appeal.
Even if dismissed after your reply to SCN, you would still be eligible to submit appeal to the departmental appellate authority also for sympathetic consideration of your case and to reinstate you in service.
Sudhir Kumar, Advocate
(Expert) 02 August 2015
I partially disgree with Mr Anupam Lahiri. Even on acceptance of appeal, the reinstatement is not assured.
Sudhir Kumar, Advocate
(Expert) 02 August 2015
repeated
http://www.lawyersclubindia.com/experts/Termination-from-service-516431.asp
