Disciplinary action against a permanent staff-reg
T. K. Jacob
(Querist) 16 April 2013
This query is : Resolved
I am working as a Principal Scientist at Indian Institute of Spices Research, Kozhikode in Kerala. The Institute belongs to the Indian Council of Agricultural Research, New Delhi.One of our permanent supporting staff committed a murder case, killing her husband. She had been arrested on 3-7-2009 and was in jail till 19-12-2009 and she got bail. The Sessions Court at Madikeri in Kodagu District of Karnataka sentenced her to 9 months of RI under Section 304. The Hon,ble High Court of Karnataka set aside the judgment and granted her conditional bail.
The Institute suspended her the next day of crime (4-7-2009) and granted her subsistence allowance which was periodically reviewed. She is getting the subsistence allowance to date. Recently (March, 2013) the Institute conducted an enquiry with the appointment of a Enquiry officer. The EI submitted his report to the Disciplinary Authority and a copy of the report was forwarded to her. Her advocate on behalf of her, sent a communication to the Institute stating that the report is subjudice and be kept in abeyance till the case is disposed off by the Hon'ble Court. The advocate anticipates the disposal of the case in about 45 days.
The charge sheet issued to her before the inquiry contained 2 charges: 1. She had committed a crime by killing her husband and 2. Thus she had unbecoming a gov. servant.
Kindly give your valuable suggestions on the following points:
1. Whether the enquiry can be justified?
2.Whether the Institute can take any disciplinary action against her when the case is pending with the Court?
3. Whether the advocate's version is correct?
4. What action the Institute can take against her at present? Whether the subsistence allowance can be continued?
Kindly giver your advice at the earliest.
T.K. Jacob,
Indian Institute of Spices Research,
Marikunnu Post,
Kozhikode, Kerala-673 012
Ph: 09447539967
Guest
(Expert) 16 April 2013
1) Yes, a departmental inquiry under the employees conduct rules can be justified, as police invetigation is already over in the criminal case and the case is already under trial in the court of law.
2) Yes, it can take disciplinary action, if the charge is proved.
3) No, a departmental inquiry is based on the conduct rules prescribed for the employees, not on criminal law. However, if the charge pertains to the same offence and the employee is exonerated by the court of law, the department will be bound to reinstate the employee treating as duty for all purposes for the period of suspension and intervening period between dismissal/termination and the judgment of the court.
4) You have not stated what was the actual charge and whether the charge is proved or not. If proved, being an offence of the nature of moral turpitude, the employee can be punished with any of the following penalties:
(1) compulsory retirement with retirement benefits (if disciplinary authority decides to take lenient view);
(2) termination; or
(3) dismissal
Subsistence allowance would continue to be paid till the employee till the date of award of any of the above said penalties.
Adv k . mahesh
(Expert) 16 April 2013
i agree with expert
the disciplinary proceedings can be initiated as per employee rules and it is justifiable and you have to pay subsistence allowance
Raj Kumar Makkad
(Expert) 16 April 2013
I do endorse the advice of Ld. Dhingra G.
