Dismissal/removal from service
sanjeev kumar
(Querist) 07 May 2013
This query is : Resolved
D/Fellows,
As per the Govt. of India instructions,An employee can be removed or dismissal from service,on the ground of misconduct WHICH HAS LED TO HIS CONVICTION AND NOT CONVICTION ITSELF.Does it mean that constitution of an enquiry committee is mandatory for further probe the cause of conviction.
with regards
sanjeev kumar
Guest
(Expert) 07 May 2013
Not mandatory after court verdict. Disciplinary Authority or the inquiry officer appointed by him do not have any pwer to review the findings of a court of law by making any further probe. Only review petition or appeal to the competent court is the remedy. If the verdict is set aside and you are exonerated of the offence, you can become eligible for reinstatement in service with consequential benefits for the intervening period of after removal/dismissal from service.
sanjeev kumar
(Querist) 07 May 2013
D/Sir.
The case of mine is the rarest of rare.
1.She is practising as an advocate in the same court of Law.
2. I have been living separate from her since 1998,paying regular mntce to her as per court orders, and she filed the case of 406/498A in the year 2004.
3.No FIR
4.During the trial in 498a,she through the court moved an application to the Police for further investigation.
5. The police re-investigated the matter thoroughly as per court orders and the report submitted to the court was duly in my favour.
5. The judge under the influence of Bar Council convicted me one year SI in 498A.
I have lots of relevant documents that can prove me innocent before my department.
6. But my deptt has served me a show cause notice without any enquiry that clearly indicates that deptt will take action against me.
7. How can I avoid this situation ? Can CAT interfere in this matter at this stage?
with regards
sanjeev kr
Guest
(Expert) 07 May 2013
Unless very strong ground of bias is there, CAT is not likely to interfere in the process of disciplinary action till a penalty is awarded, as that can't reverse the Government of India Rules.
sanjeev kumar
(Querist) 09 May 2013
D/Sir,
If the department blindly takes action without enquiry if someone convicted ,then in my opinion the govt of India's instuction "GROUND OF MISCONDUCT THAT HAS LED TO HIS CONVICTION"
is meaningless.Shouldn't CAT instruct the department to constitute an I/Committee.
with regards
Guest
(Expert) 09 May 2013
Better ask CAT on your query, as we are not authorised spokespersons of CAT here? Experts can only thow light on and implications of the prevailing law/rules for the point of view of your guidance.
If you are agrieved with the so called blind action of your department on account of applicability of the rule on issue of conviction, you should file a PIL in the SC, as the rule affects services at All India level.
Better take a constructive lead than discussing the matter in these columns.
If you want to restrict yourself only on disussion at LCI, you may better post your query for discussion at the forum pages.
Sudhir Kumar, Advocate
(Expert) 25 May 2013
you are convictede. right?
you have been serve SCB?
CCS(CC&A Rules say
19. Special procedure in certain cases
Notwithstanding anything contained in rule 14 to rule 18-
(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):
ACTION OF DEPTT IS LEGAL
