Service matter
Athi Vishal HD
(Querist) 22 January 2015
This query is : Resolved
Respected Sir/madam,
I am working in Govt.Service.
I am facing Criminal Case u/s 498 (A) and it is under Court trial.
In meantime Govt.authorities has suspended me in view of the above Criminal Case and ordered an Departmental enquiry.
when a criminal case (Not related to Office work, Purely personal) is pending before the Court, the Govt. holding of a departmental enquiry during pendency of a criminal prosecution in respect of the same subject-matter would amount to a contempt of court?
Guest
(Expert) 22 January 2015
Your perception about "contempt of court" is not correct. Also, if you were taken in to police/ judicial custody for more than 48 hours, the authorities have necessarily to place you under deemed suspension.
However, departmental inquiry depends upon the nature of charge leveled by the department through charge sheet, relevance of which can only be possible to be judged only on examination of the language of the charge, whether the department has leveled exact charge, as of criminal case with mention of section 498A or with reference to the relative conduct rule. But in general, for the time being, unless proved through the verdict of court of law the authorities are not justified to take any action pertaining to criminal case u/s 498A.
Kumar Doab
(Expert) 22 January 2015
Expert Sh. P.S.Dhingra has illustrated the matter.
It shall certainly be appropriate to show all docs on record and proceed under the guidance of an able counsel..
Rajendra K Goyal
(Expert) 22 January 2015
Agree with the advise of experts PS Dhingra and Kumar Doab.
Sudhir Kumar, Advocate
(Expert) 24 January 2015
allegations of dowry demand also amount to professional misconduct of the Govt employee.
The action of deptt is perfectly in order.
