2nd chargesheet after removal from services
Dr G V Rao
(Querist) 28 June 2012
This query is : Resolved
An employee under Min of Sci & Tech was chargesheeted, disciplinary proceedings conducted and orders of removal from services served under CCS rules. The Disciplinary Authority, a day before serving the orders of removal, served 2nd chargesheet with vague allegations on the public servant under CCS rules. The charges of the 2nd chargesheet pertained to certain false allegations of misconduct of the employee during his employment before 1st chargesheet and during suspension. The employee denied charges under 2nd chargesheet and sought documents to file his defense. The employer did not reply.
The funny part is these charges of the 2nd chargesheet did not find mention within the first chargesheet and also no supplement chargesheet was filed during the 1st disciplinary proceedings which lasted for 5 years. Now can the employee ask for subsistence allowance based on 2nd chargesheet since it was not paid and can he get the 2nd chargesheet quashed by a Court of law. What remedies does he have.
Sudhir Kumar, Advocate
(Expert) 28 June 2012
From your description it appears the the charges of 1st chargesheet and secnd chargesheet do not overlap. So it is a nw chargesheet which is not barred.
Disciplinary authroity can issue any No of chargesheeet on any no of charges. It cannot repeat the charge for which proceedings have been dropped or punishment awarded.
Since he has been removed from service on the next day the second chargehseet abates and can be revised if he is reinstated by way of appeal.
No subsistance allowance can be paid to an employee who is no more in service. After removal he is no more under suspension (you have not specified whether he was under suspension or not) even if he was suspended during 1st chargesheet.
You are not at all worried about first chargesheet which resulted in removal and you are much concerned about second chargehseet which has become redundant (atleast till he is renstated if at all.
You are not saying whether he intends to appeal gains tthe existing penalty.
Dr G V Rao
(Querist) 28 June 2012
Thanks Sudhir Kumar. The order of removal of service is under challenge in the Court. The employee was under suspension all through the 5 years he was under disciplinary proceedings. Well as per your reply, I understand that even if he succeeds in the first chargesheet, the second chargesheet would again place him under suspension. Did i understand it right. So no relief for the employee.
Dr G V Rao
(Querist) 28 June 2012
Thanks Sudhir Kumar. The order of removal of service is under challenge in the Court. The employee was under suspension all through the 5 years he was under disciplinary proceedings. Well as per your reply, I understand that even if he succeeds in the first chargesheet, the second chargesheet would again place him under suspension. Did i understand it right. So no relief for the employee.
Dr G V Rao
(Querist) 28 June 2012
Thanks Sudhir Kumar. The order of removal of service is under challenge in the Court. The employee was under suspension all through the 5 years he was under disciplinary proceedings. Well as per your reply, I understand that even if he succeeds in the first chargesheet, the second chargesheet would again place him under suspension. Did i understand it right. So no relief for the employee.
Sudhir Kumar, Advocate
(Expert) 27 July 2012
I never said that there is no relief. You have misunderstood.
If he is reinstated the suspension will continue and so will be the subsistence allowance. He still can appeal against suspension.
The second chargehseet will become operative on reinstatement and he has right to defend against the same.
The fate of the first chargehseet can be seen only on seeing the wording of the court order. The court may uphold the penalty. Court may quash it altogather. The court may direct re-inquiry from the stage of irregularity of inquiry.
Dr G V Rao
(Querist) 28 July 2012
Thanks Sudhir..........we will wait and c.
Guest
(Expert) 28 July 2012
Dear Dr. Rao,
The first charge sheet and the second charge sheet has no interconnection unless the second charge sheet contains the same or similar charge that of the first charge sheet. So, is the position with suspension, penalty, etc. for each individual case. Both the charge sheets were required to be processed separately and independently and defended properly based on the facts.
Similarly, suspension or subsistence allowance for the first charge sheet case has no relevance for the second charge sheet. Suspension or service period ends with the removal from service. 2nd charge sheet, if pertains to major penalty, can be processed even after retirement of the official and to be decided separately even after retirement. There is no question of placement of the employee under suspension on account of the 2nd charge sheet after removal from service.
However, if the official gets reinstated on appeal to the appellate authority or by an order of the court, the official cannot be suspended later on with retrospective effect on account of the 2nd charge sheet. The order for reinstatement in the first charge sheet case, in itself, would contain the order of the competent authority for the treatment of the period between the date of removal from service and the date of reinstatement.
