Disciplinary action from deptt.

kehar singh (Querist) 11 June 2012 This query is : Resolved
Sir,
Why is High Court or lower court on the one hand acquits the govt servant from all charges levelled by the deptt and permits the department to initiate disciplinary action as well on the other hand. This double standard is not understood, ple.

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Guest (Expert) 11 June 2012
Depends solely upon circumstances on case to case basis. Without specific instance and the judgment copy, it would not be wise to make any comment on your generic acdemic query.

Sudhir Kumar, Advocate (Expert) 11 June 2012
I will add to what Mr Dshingra said. it is not couble standard. Disciplinary action does not ned 100% proof but criminal court needs. Disciiplinary action is taken for violation of a code laid down fro employees and criinal case is against violation of a criminal law applicable to Govt servant as a citizen. The same act can considtitute criminal as well as departmental offence.

kehar singh (Querist) 12 June 2012
Does it mean if its a matter of violation of code of conduct only but the employes approached to the court directly and gets acquited of all charges. In such case u mean no further disciplinary action from court is permitted.?

Sudhir Kumar, Advocate (Expert) 31 July 2012
No straintjacket answer is there for this query.

Disciplinary action can be taken even during criminal trial and evenb after acquittal depending upon the circumstances.

Disciplinary action from deptt.

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