Service Law
Legal Wizard
(Querist) 10 May 2010
This query is : Resolved
Central Govt Employee convicted and he was dismissed from service without any inquiry or disciplinary proceedings ? whether it is legally correct?
Guest
(Expert) 10 May 2010
Once a person is 'Convicted', surely there must have been an enquiry/disciplinary proceedings. Without this, no govt employee could be removed. 'dismissal' without providing him an opportunity to be heard is illegal.
B K Raghavendra Rao
(Expert) 10 May 2010
The Central Government employees service rules shall have a clause that if any employee is convicted for an offence involving moral turpitude, he may be dismissed from service. Under such a clause, he may dismissed.
If such a clause is absent, then an employee cannot be dismissed or punished without holding a domestic enquiry and without giving him all opportunities of defending himself.
Legal Wizard
(Querist) 10 May 2010
Mr. Rao
indeed it was a good reply! thank you
