Reinstatement after bail
vikas bhat
(Querist) 05 September 2012
This query is : Resolved
respected expert sir...
I was caught in a trap by cbi and was arrested and charged in anti-corruption laws. Since i m innocent and fall prey of the trap laid by the miscreants, my officers and the department fully trusts me and they know about my innocence. Department (central govt) says that they are with me. I have been released on absolute bail. my question is that can my department reinstate me after I have been bailed out. The investigating agency has not filed a charge sheet so far and the trial is yet to start...
Nadeem Qureshi
(Expert) 06 September 2012
Dear Querist
it's depend on the departmental authorities.
Guest
(Expert) 06 September 2012
The department cannot revoke suspension in CBI trap cases without getting prior NOC from the CBI. You may however, prefer your appeal to the appellate authority to reinstate you. Let the authorities ask for clearance from the CBI.
vikas bhat
(Querist) 07 September 2012
thank u so much sirs... I had gone through the case of athlete Pinky Pramanik who was reinstated by indian railways just after getting bailed out.....
cant same thing happen with me
vikas bhat
(Querist) 07 September 2012
How can my department help me ????????? please suggest///
JANAK RAJ VATSA
(Expert) 07 September 2012
you can petition your request to the cadre controlling authority for reinstatement after taking noc from the cbi
vikas bhat
(Querist) 10 September 2012
Thank u so much Janak Raj sir....
vikas bhat
(Querist) 10 September 2012
is there some immunity available for the employees dealing with 'secret services' and whose trial would expose the secrets having bearing on the national security. Is there any law available which can protect him from trials under some immunity...
Sudhir Kumar, Advocate
(Expert) 10 September 2012
No immunity available to secret service employee if the facts have bearing on national security. There are criminal trial even on espionage cases adn the trial can be in-camera and court can order non-publication of record.
On the contrary in such case ther eis no requirement of chargehseet/Inquiry for dismissing an employee.
Now coming to your query.
The powers of Disciplinary Authority to reinstate are not legally fettered but as observed by Mt Dhingra they may not like to do so without consulting CBI.
facts of the case of Pinky Pramanic are not avilable on this thread. So it cannot be said how these are similar to your case. it is believed it was not a bribery case.
In case your department feels that you are innosence and framed up they can refuse sanction of prosecution. (if they really mean so) and CBI has no remedy on this.But you have no right to plead so.
Further if you are (or any accompice) is a Gp-A officer then CVC consultation may be necessary for taking any decision on the sanction of prosecution.
vikas bhat
(Querist) 10 September 2012
thank u so much Sudhir Kumar sir for ur detailed suggestions... this has indeed helped me to plan my next step... thank u so much for ur being there...
Sudhir Kumar, Advocate
(Expert) 15 September 2012
fresh trhead is opened at
http://www.lawyersclubindia.com/forum/Question-65502.asp
vikas bhat
(Querist) 31 January 2013
if corruption charges are dropped during investigation and some other charges like that of 'misuse of official position' leveled to sustain their trap; is it still required for CBI to seek Sanction for prosecution from my department.
I mean to say is it mandatory for CBI to seek 'sanction for prosecution' in any case irrespective of the type of charges framed.
next thing is that is there some time limit to file the charge sheet or CBI has indefinite time to come out with charge sheet.
what other options are available with CBI other than sending a case for prosecution...???
Guest
(Expert) 31 January 2013
If CBI considers it proper and decides to posecute the suspected public servant they would seek sanction from the competent authority of the department on giving their justification for that purpose.
Sudhir Kumar, Advocate
(Expert) 01 February 2013
Misuse of official position is also a charge of corruption under PC Act.
Such charge can go as independent and does not provide much support trap case which generally is strong on its own strength.
Generally chargehseet is filed within 90 days but that does not vitiate trail non-filing of chargesheet within 90 days provide a grounds for bail.
Other options for the CBI :-
(i) request/allow department to have simultaneous disciplinary proceedings.
(ii) refer the case for simultaneous disciplinary proceedings.
(iv) Refer the case to Income Tax / custom deptt /municipal committee or any other department if any matter is seen within their jurisdiction, in addition to their own case.
vikas bhat
(Querist) 24 February 2013
Thank u so much PS Dingra and Sudhir Kumar sirs for your valuable suggestions
vikas bhat
(Querist) 24 February 2013
is it always important for the prosecution to seek sanction for prosecution (from the parent department of the accused)irrespective of the nature of charges framed. I mean to ask Is the sanction required in case of corruption charges only or for every criminal charge. The prosecution has not filed a chargesheet even after 8 months have passed. I am already on bail.... what should be my next step.
is it true that the FIR gets quashed if the prosecution fails to file chargesheet for some considerable time... if yes , what is that time limit...
vikas bhat
(Querist) 24 February 2013
Can Departmental enquiry and court trial go together simultaneously...
DE was initiated and stopped after 4 months quoting some technical problems regarding holding parallel enquiry....
I want that the DE should resume so that I could prove my innocence at depertmental level.....
are there any references where trial and DE has gone together or nay such precedence in my favour...
Sudhir Kumar, Advocate
(Expert) 24 February 2013
Sanction of prosecution is required for any charges connected with official position including offenses under PC Act.
Departmental enquiry and court trial can go together simultaneously.
If you prove innocence in DE still court is not bound to accept it as a finding only your defence is prematurely exposed in DE and prosecution can come more effectively in criminal court.
vikas bhat
(Querist) 15 July 2013
I m a Group B officer in a secret services Deptt. My deptt. has denied Sanction for prosecution to the CBI as they were fully convinced about my innocence. What are the options left with the CBI now.... How can the FIR get quashed... Is there still any cause of worry for me.... PLEASE suggest...
Sudhir Kumar, Advocate
(Expert) 16 July 2013
CBI has no option except requesting the deptt. Need not panic.
This is for criminal cse only.
They stillhve option
Recommend disciplinary action.
Refer the case to Income Tax / custom deptt /municipal committee or any other department if any matter is seen within their jurisdiction, in addition to their own case.
Sudhir Kumar, Advocate
(Expert) 27 July 2013
posted seperate thread http://www.lawyersclubindia.com/forum/Question-65502.asp#.UfMn2KzQzmk
Guest
(Expert) 27 July 2013
Departmental inquiry cannot be held unless the police/CBI investigation in the case is completed. If the investigation has already been completed and the case has been filed in the CBI court, the departmental inquiry can be resumed without any doubt. You may check that aspect and request the department accordingly.
vikas bhat
(Querist) 21 May 2014
thank u sirs for ur valuable advice
vikas bhat
(Querist) 21 May 2014
thank u sirs for ur valuable advice
