Ccs conduct rule
PertinSaab
(Querist) 11 October 2014
This query is : Resolved
Govt. of India's Office Memorandum No, 22011/1/79. Estt. (A) dated January 30, 1982 para 6 States: "Where the 'acquittal by court is on technical grounds, if the Government does not propose to go in appeal to a higher court or to take further departmental action, action should be taken in the same manner as if the officer had been acquitted by the court on merits." Now my query is,Who is the "Government" , as mentioned in the above para? 1. Is it the Government of Assam?, because Mr. X had fought a criminal case in a court in Assam. Mr X got acquittal on technical ground and the court has preferred not to appeal further. 2. Is it the Government of West Bengal wherein Mr. X is serving? Now the government of West Bengal is contemplating a case of disciplinary proceeding against Mr.X, with the reason that the acquittal is not merit. Learned members may like to clarify please.
Rajendra K Goyal
(Expert) 12 October 2014
Whether the employee was working under state or central Govt.? What was the charges and what were grounds of acquittal. What were the charges under charge sheet ?
Full case file has to be referred, consult local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 17 October 2014
You may answer the questions raised by experts to get a proper opinion to your query.
Sudhir Kumar, Advocate
(Expert) 17 October 2014
unless yo disclose full facts, per-se the action of govt seems correct.
Anirudh
(Expert) 17 October 2014
You appear to be an employee of the Govt. of West Bengal.
Therefore, in your case, the "Government" mentioned in para 6 of Govt. of India's Office Memorandum No, 22011/1/79. Estt. (A) dated January 30, 1982, is "THE STATE OF WEST BENGAL".
Sudhir Kumar, Advocate
(Expert) 17 October 2014
agreeing with Mr Anirudh I will add.
Central Govt has incorporated CCS(Conduct) Rules listed misconducts and CCS(CC&A) Rules incorporating procedure for disciplinary action.
Each state Govt has framed own rules and PSUs/Autonomous also frame their own rules (or by resolution adopt the same) which are almost replica of the rules framed by central Govt.
DOPT OM as you mentioned is tool to interpret these rules.
ajay sethi
(Expert) 17 October 2014
agree with experts
