Suspended sentence
bharatbhai vyas
(Querist) 02 November 2015
This query is : Resolved
sirs,
i am a government servant and my retirement date is 30.11.15 i am convicted and sentenced
in prevention of corruption act by trial court on date 2.9.15. i appealed in high court.high court ordered to suspended /stay sentence (interim order ) and appeal admitted.
now my question is that i can get pension
and retirement benefits ? if not pls.help
me to legal action. department dispatch me
letter of to take disciplinary action against me.
thanks.
Devajyoti Barman
(Expert) 02 November 2015
The order of conviction and stay of sentence has nothing to with the actions the employer may take against you.
If there is any disciplinary proceeding is pending against you then it would pass its order irrespective of the outcome of the criminal case.
So the DC will take a call on disbursal of pensionary benefits and pension.
bharatbhai vyas
(Querist) 03 November 2015
sirs,
can department take action of mis conduct against me on ground of conviction ?
if yes, then department will remove me from
service and so how can i get retirement benefit?
the order of high court states stay of sentence till final disposal of appeal.
Sudhir Kumar, Advocate
(Expert) 03 November 2015
your query is vague. You have not specified what type of letter you have received from deptt.
please specify that without which I am not expressing any view out of my 30 years experience.
Rajendra K Goyal
(Expert) 03 November 2015
Releas of terminal dues depends on the orders of the disciplinary authority.
bharatbhai vyas
(Querist) 03 November 2015
suspension of sentence.means
sentence based on conviction is for the time
being postponed /or kept in abeyance during
the dependency of the appeal.
and so department can not take disciplinary action of misconduct on ground of conviction.
what is your view ?
Sudhir Kumar, Advocate
(Expert) 04 November 2015
your query is vague. You have not specified what type of letter you have received from deptt.
please specify that without which I am not expressing any view out of my 30 years experience.
Advocate. Arunagiri
(Expert) 04 November 2015
Suspension of sentence, clearly shows that you are not acquitted. As long as the criminal case is pending, you can not get the retirement benefits.
Whenever a criminal case is initiated against you the department will issue a charge memo.
Even though the departmental inquiry is different from the criminal proceedings, the department inquiry will be normally closed once you are acquitted from the criminal case.
But, if there is any other allegation / Charges, the departmental enquiry will continue, even after you are acquitted.
Sudhir Kumar, Advocate
(Expert) 04 November 2015
I am not able to fully agree with above views.
There is nothing like whenever criminal case is initiated the deptt will issue chargehseet. deptt may or may not do so based on the nature of charge.
There is also no procedure that deptt inquiry will be closed on acquittal. On the contrary it can be initiated after acquittal
Sudhir Kumar, Advocate
(Expert) 04 November 2015
You are not letting the experts to know the facts.
I repeat.
your query is vague. You have not specified what type of letter you have received from deptt.
please specify that without which I am not expressing any view out of my 30 years experience.
bharatbhai vyas
(Querist) 05 November 2015
SIRS,
i will retire from 30nov.15.department did
not any orders related suspension/remove till the date .
i am of the opinion that department cannot
complete the matter of final punishment before before my retirement date.in this
situation the department will order to retirement me on 30nov.15 or not? if yes/
then i can get retirement benefits ?
thaks.
P. Venu
(Expert) 05 November 2015
Obviously, the High Court has stayed only the sentence and not the conviction. As such you are liable for disciplinary action; the proved guilt - corruption involves moral turpitude.
If the disciplinary proceedings are completed before the date of retirement, the pension, if any, and other benefits would depend upon the punishment, if any, imposed.
However, if the disciplinary and/or the criminal (appeal) proceedings are not completed, you would be entitled for provisional pension @ 50% of the basic pay plus DA and Medical Allowance of Rs.500/- per month. You can withdraw you GPF; so also, the CGHS saving portion would be sanctioned.
Gratuity and Commutation of pension would be withheld till proceedings are completed.Sanction of Leave encashment is at the discretion of the Head of the Department in terms of Rule 39(c).
Sudhir Kumar, Advocate
(Expert) 06 November 2015
Partially agreed with Mr Venu.
Full facts are needed for agreeing or disagreeing with following views
"Obviously, the High Court has stayed only the sentence and not the conviction. As such you are liable for disciplinary action; the proved guilt - corruption involves moral turpitude.)"
I repeat.
your query is vague. You have not specified what type of letter you have received from deptt.
please specify that without which I am not expressing any view out of my 30 years experience.
bharatbhai vyas
(Querist) 07 November 2015
sirs, department send me a letter that authority is of the opinion to take disciplinary action on the ground of trial court judgement.and it
may be justice to here you by written and personally before take any disciplinary action by authority.
i send a letter to autho. not to take action as appeal is pending in H.Cort and order of suspension of sentence by H.court. dept. did not
fix the date of personal hearing to me till the date.as rules of Gujarat civil service, sanction authority can not order of removal /dismal against me directly. after personal hearing me and on record if the authority is of the opinion to punish me, department must need advise from panchayat service board and after advice from board department had power to to take any type of disciplinary order by applying of mind on matter and by merits.
now the situation is that the whole process of administrate would not final before the 30th nov. 15.and that is my retirement date.and so
can i get pension benefit ? thanks.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
you said :-
"sirs, department send me a letter that authority is of the opinion to take disciplinary action on the ground of trial court judgement.and it
may be justice to here you by written and personally before take any disciplinary action by authority. "
you are still vague.
anyway.
In case of conviction of Govt servant no chargehseet or inquiry is made. He is issued a Show Cause Notice as to why a penalty of removal /comp retm / dismissal be not imposed.
Is it the same SCN you have received, signed by appointing authority.
bharatbhai vyas
(Querist) 09 November 2015
i send a letter to autho. not to take action as appeal is pending in H.Cort and order of suspension of sentence by H.court. dept. did not
fix the date of personal hearing to me till the date.as rules of Gujarat civil service, sanction authority can not order of removal /dismal against me directly. after personal hearing me and on record if the authority is of the opinion to punish me, department must need advise from panchayat service board and after advice from board department had power to to take any type of disciplinary order by applying of mind on matter and by merits.
now the situation is that the whole process of administrate would not final before the 30th nov. 15.and that is my retirement date.and so
can i get pension benefit ? thanks.
bharatbhai vyas
(Querist) 12 November 2015
send a letter to autho. not to take action as appeal is pending in H.Cort and order of suspension of sentence by H.court. dept. did not
fix the date of personal hearing to me till the date.as rules of Gujarat civil service, sanction authority can not order of removal /dismal against me directly. after personal hearing me and on record if the authority is of the opinion to punish me, department must need advise from panchayat service board and after advice from board department had power to to take any type of disciplinary order by applying of mind on matter and by merits.
now the situation is that the whole process of administrate would not final before the 30th nov. 15.and that is my retirement date.and so
can i get pension benefit ? thanks.
bharatbhai vyas
(Querist) 26 November 2015
sirs, department issued a letter of removing from service effect dt.20th.nov.15.showing reason of moral turpitude. my regular retirement date is 30\11\15.department did not give me chance for hearing me personally to authority before take final punishment.
can i file mic.app.or writ in high court for cancellation of order dated 20/11/15 on this ground ? i am of the opinion that once a order has been cancel,and if high court direction to department for calling me and than do needful action, it will benefit me to
provisional pension.
thanks for your valuable guidance.
P. Venu
(Expert) 26 November 2015
You need to exhaust the remedy of appeal before approaching the judicial fora.
Guest
(Expert) 29 November 2015
Suspended sentence has no relevance for extending service benefits by the department. After conviction in criminal case, no discretion remains vested with the departmental authorities. Dismissal has to be made, as per the rules. Only honourable acquittal in the case on your appeal to the HC may help you for restoration of your retirement benefits.
bharatbhai vyas
(Querist) 30 November 2015
sirs,absolutely right. now i can file petition in high court or lower court on ground of validity of removing order,or take
action of appeal through departmental procedure ? there is solid points with evidence in this matter.
Sudhir Kumar, Advocate
(Expert) 01 December 2015
since the advise given here is free and is not being taken so seriously.
Inspite of clear views expressed by Mr Dhingra still you are asking
"i can file petition in high court or lower court on ground of validity of removing order,or take action of appeal through departmental procedure ? "
Be clear that in case of conviction there is no procedure required for removing a govt servant from service. one one SCN is to be issued which in your case appears to have been issued.
You can file any no of cases but views expressed by Mr Dhingra make it clear that you can move for reinstatement after acquittal.
I just add that even on acquittal reinstatement is not guaranteed.
V R SHROFF
(Expert) 06 January 2016
NOT ACQUITTED
SO NO CHANCE TILL THEN
Sudhir Kumar, Advocate
(Expert) 06 January 2016
refer
http://www.lawyersclubindia.com/experts/service-matter-578091.asp#.Vo0fVk-njww
you are hiding the fact on this thread that you are already dismissed.
what do you think you will achieve by playing hide and seek - nothing but incomplete advise.
