Departmental inquiry
Dipak
(Querist) 04 June 2013
This query is : Resolved
I, Dipak P Mehta, Dismiss from Assistant, at Principal Civil Judge & JMFC Civil Court Waghodia, Vadodara
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
- After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, The Enquiry Officer had not taken Finger Print Expert, in witness list, Why ? The Main witness was Finger Print Expert and the Enquiry Officer deliberately not taken in witness list because in the Statement before the Hon’ble Chief Judicial Magistrate he had submitted report which was not in my favour nor in my against without giving any clarification/reasons at the time of trial.
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment,
- In which two Criminal Cases the charges are framed against me, are Prohibition Cases & in the Lower Court the 2 cases of Accused do also not know me as they had given the statement on oath before the Hon’ble Chief Judicial Magistrate at the time of trial.
- The Main witness was Finger Print Expert, submitted report and given the statement was also not in my against nor in my favour, he had not given any clarification/reasons at the time of trial.
- The witness Shardaben Rana also given the statement on oath before the Lower Court that the above 2 cases are not in my possession and also not knowing that whose handwriting are there…
- The witness peon Kadam had also given the statement on oath before the lower court as well as before the enquiry officer that the above 2 cases are not in my possession.
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, because the Main witness was Finger Print Expert and in Departmental Enquiry Enquiry Officer had not taken in witness list.
If the witnesses are given wrong statement before the Hon’ble Court on oath, there is no action against the witnesses
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment, in this time of suspension period my father died due to lack of medicine expenses because I got only 75% Salary during the period and in this very small Salary I cannot effort the expensive medicine and hospital charges. At that time my wife was doing job as a cook in various houses, and trying to manage my family in crucial time, it was very difficult to maintain house expenses, education expenses, medical expenses…. Etc.
By the Grace of God, the Hon’ble Principal District Judge, Vadodara came in our life as “God” and he had reinstated me in service and in Page No. 9 of the Order dated 24/11/2010 the Hon’ble Principal District Judge quoted that “considering the family circumstances of the delinquent I am in view that penalty of dismissal from service would be very harsh and not just and proper and that, it would be amount to economical death to delinquent himself and his family members”.
But my punishment is not over, The Hon’ble Gujarat High Court had filed Suo Motu Review against the Order dated 24.11.2010 passed by the Hon’ble District Judge Vadodara.
On 20-04-2013 the personal hearing was fixed before your Hon’ble Justice & your Honourable had issued the order of dismiss me from my job.
I had also requested in my mercy submission to your Hon’ble Justice that before passing the order please may be taken on record and consider the Last Two Years Confidential Report which was filling up by Hon’ble Principal Civil Judge & JMFC Civil Court, Waghodia, Dist Baroda, were I am doing my duty .I had done my duty very sincerely. No Sessions Commit was pending, nor was any Gujarat High Court Writ pending for Certified during my period. Every Second & Fourth Saturday, along with other holidays I am going to Waghodia for clearing pending work. If you want to know about my work, also please check from my former Principal Civil Judge and JMFC, Waghodia & Additional Principal Judge & JMFC, also from Waghodia Advocate Bar.
I had filed writ petition against the Suo Motu Appeal Order in Gujarat High Court. Please advice me and if any judgements related to my case please forward me the citation of the same.
P. Venu
(Expert) 04 June 2013
The query, though lengthy, is short in material information. What were the charges? whether the acquittal in criminal case was on merits or for lack of evidence? Pl. note that the degree of proof required in a departmental proceedings and a criminal case are different - that of preponderance of probability and beyond reasonable doubt respectively.
R.K Nanda 
(Expert) 04 June 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 06 June 2013
First of all reply the queries raised by P. Venu.
Dipak
(Querist) 07 June 2013
Respected Sir, P.Venu
I, Dipak P Mehta, Dismiss from Assistant, at Principal Civil Judge & JMFC Civil Court Waghodia, Vadodara. The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal in IPC 420,464,465,466,467,468,471,474,201. Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, because the Main witness was Finger Print Expert and in Departmental Inquiry Inquiry Officer had not taken in witness list.The Departmental Inquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant.But my punishment is not over, The Hon’ble Gujarat High Court had filed Suo Motu Review against the Order dated 24.11.2010 passed by the Hon’ble District Judge Vadodara. On 20-04-2013 the personal hearing was fixed before the Hon’ble Justice & Honourable had issued the order of dismiss me from my job.What is the next step.... and Please also forward me some supreme court judgments for the subject matter.
