Trespasser
mukund
(Querist) 07 August 2013
This query is : Resolved
what is difference between criminal trespasser & civil trespasser suit?
Manjula
(Querist) 07 August 2013
This query is : Resolved
A case was filed by the Lokayukta on one of our Officer.During pendancy of this case his promotion was kept under sealed cover and his junior was promoted.Now he is acquitted in that case by the court and his departmental inquiry is also closed accordingly.But the Lokayuktha has filed appeal before the Court and not yet furnished the documents. Whether this Officer is eligible for promotion with retrospective effect from the date his junior was promoted pending appeal by the lokayukta since he is acquitted.
Nadeem Qureshi
(Expert) 07 August 2013
Dear Mukund
your query is acedmic
prabhakar singh
(Expert) 07 August 2013
Academic queries not allowed in this section.Visit forum.
Sudhir Kumar, Advocate
(Expert) 07 August 2013
@Manjula
Since deptt has decided for no DP (as stated by you) the sealed cover is bound to be opened. The Lokayukta has filed appeal against acquittal and if they get stay on acquittal then it cannot be opened.
Raj Kumar Makkad
(Expert) 07 August 2013
No reply against the academic queries in this section of LCI.
R.K Nanda
(Expert) 07 August 2013
academic query.
Rajendra K Goyal
(Expert) 07 August 2013
Author : Manjula
In Departmental inquiry delinquent has been decided exonerated, sealed cover should be opened.
Raj Kumar Makkad
(Expert) 08 August 2013
It seems that students instead of studying aw books, depend upon such queries,
Guest
(Expert) 08 August 2013
Wrong mixture of two different queries on different laws by two different persons on a single query page!
Guest
(Expert) 08 August 2013
Ms Manjula,
Appeal or no appeal in the case does not have any relevance in the sealed cover case for promotion. Only judgment about acquittal has to be related with the sealed cover promotion case. So, you need not wait for the outcome of appeal by Lokayukta. Open the sealed cover and implement the recommendation of the DPC.
Guest
(Expert) 08 August 2013
Mr. Mukund,
Please discuss only the specific problem for specific solution, as experts should not be considered to hold tutorial classes on law here.
venkatesh Rao
(Expert) 08 August 2013
Acquittal in criminal case has nothing to do with departmental inquiry. Inquiry may end up with penalty.
venkatesh Rao
(Expert) 08 August 2013
Acquittal in criminal case has nothing to do with departmental inquiry. Inquiry may end up with penalty.
V R SHROFF
(Expert) 08 August 2013
No reply against the academic queries in this section of LCI.
Guest
(Expert) 08 August 2013
Mr. Venkateash,
Relevance of your reply, "acquittal in criminal case has nothing to do with departmental inquiry. Inquiry may end up with penalty," is not understood.
Ms. Manjula has not talked about any departmental inquiry. She discussed about the held up promotion case of the officer the recommendation of the DPC of which is lying in a sealed cover due to pending criminal case against the officer.
Sudhir Kumar, Advocate
(Expert) 08 August 2013
Mr. Venkateash,
Ms Manjular has already indicated that deptt has decide no DP against the official
R.K Nanda
(Expert) 11 August 2013
academic query.
S.B.adil rahman
(Expert) 06 September 2014
Yes. Law says that sealed cover procedure should be adopted in the cases of domestic enquiry or departmental proceedings at the time of considering the promotion of the Charged Officer. After his exoneration the sealed cover should be opened and he should be promoted from the date his juniors were promoted provided there is no adverse in the sealed cover regarding the past service of the officer.he Hon’ble Supreme Court in its judgment dated 27.08.1991 in Union of India Vs. K.V. Jankiraman etc.(AIR 1991 SC 2010) has held
“5. An employee has no right to promotion. He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently”.The law on sealed cover based on the judgment of the Apex Court in Union of India vs. K.V. Janakiraman etc. (AIR 1991 SC 2010), is by now well settled. The matter is only related to promotion as his acquittal will not affect the same. However, for misconduct of being involved in a criminal case the department can further start a departmental/disciplinary proceedings. I hope you are satisfied.
