Sealed covers for govt servants

m s ghai (Querist) 12 March 2012 This query is : Resolved
Govt servants cannot be promoted if
1 under suspension 2 if departmental enquiry is on 3 if prosecution of criminal case is on

pl enlighten me hether chargesheet filed by cbi in a court and the court has not intiated any action by issuing warrants/summons, it is to be treated as the prosectionin on or only when the chargesheet is handed over to the accused it is deemed that prosection in on

rEgards

M.S.GHAI

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Shonee Kapoor (Expert) 12 March 2012
Prosecution is on when the person is chargesheeted.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

PARTHA P BORBORA (Expert) 13 March 2012
all criminal trials starts just after submission of the charge sheet .

Ajay Bansal (Expert) 13 March 2012
Mere filing of charge-sheet does not mean commencement of prosecution as court is not bound to agree with charge-sheet. So unless and until court does not issue summon or warrant,prosecution can not be said to be started.

Guest (Expert) 13 March 2012
Once the charge sheet is filed in the court of law, the prosecution process starts.

Deepak Nair (Expert) 13 March 2012
Prosecution starts after chargesheet is filed.

Guest (Expert) 13 March 2012
Moreover, there are several missing threads in your query, as your query belongs to "sealed cover" by DPC in promotion case.

For example, when it is a CBI case under PC Act, naturally the Government servant would have been arrested by CBI and kept in police/ judicial custody. He would also have remained on deemed suspension on account of that event. You have omitted this fact to be mentioned here.

So, partial facts cannot ensure you the right solution to the problem.

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