Service matter
bharatbhai vyas
(Querist) 18 December 2015
This query is : Resolved
sirs, when in prevention of corruption case court declares judgement to sentence & conviction of accused. govt.department takes disciplinary action against employee to removal from service on ground of moral turpitude.
when accused are three in acb case, the involvement of accused no.1 my self are not directly or indirectly prove at the trial court hence court declare all accused as convicted and sentenced , what is the role of sanction authority to decide moral turpitude relating TO ACCUSED NO.1. ?
secondly, authority decided as moral turpitude and removed accused no.1 from service and stooped provisional pension only on ground of conviction, is a legal procedure ? i my self produce all related documents in my fever to department. but neglect all thing and not a chance to hearing me personally, what type of remedies i can get speedy ? pls. guide me. thanks lot.
kavksatyanarayana
(Expert) 18 December 2015
Author, file a case in Tribunal/high court against the orders issued to you
S.B.adil rahman
(Expert) 19 December 2015
If you have been convicted then there is no scope of relief from your department. You have to go for appeal against the conviction before the higher court. If you are honourably acquitted from the higher court on the basis of the evidences what you rely upon in your defence, then there is a scope that department may not take coercive action against you. However, criminal cases and departmental proceedings are two different things.In criminal case one is punished for the crime committed by him. But in departmental proceeding the employer has got every right to judge whether the employee is suitable for working in the Department or not or whether is continuation with a chequered career will be in the interest of the Department. In departmental proceeding preponderance of the probability is the only criteria to prove you guilty or not guilty. In criminal cases it is the question of strict proof under Evidence Act and not the gestures and surmises.
Rajendra K Goyal
(Expert) 19 December 2015
In the departmental inquiry, you should have engaged your defense as per norms.
If not appealed, go for appeal in court orders and in departmental action.
Discuss all aspects with local service law expert.
Guest
(Expert) 19 December 2015
You are not clear in your description, what exactly is the order about you in the judgment, as accused #1 and whether you were found guilty and sentenced or exonerated of the charge?
Please be clear about that.
bharatbhai vyas
(Querist) 20 December 2015
sirs, in the matter there are three accused
as i said before.
accused no.2 demand illegal money from complainant for his agriculture subsidy amount as accused no.2 was legally authorized person for that.
accu. 2 also often demanded money for that.
after a period, complainant and accu.no.2 agreed for transaction of money
and finalized time,place and date for that.accu.no.2 understand complainant
that in case of his absence at trap place by duty circumstances or any other way, handover money to accu.no.1,and he (accu.no.1) will handover to me.
accu.no.1 my self was unknown to this matter,i was on way to my job place by bike on trap day, accu.no.2 not reached at the trap place as time fixed ,complainant came on road side in wait of me, and when i passed at road he stopped me and request me to come with he saying that'' my elder brother is at the place (trap)
and he wish to meet you for govt.work related to your duty function ''
at the place , his brother discussed with me for his official matter, after ending discussion, complainant proposal me to receive money saying that the
accu.no.2 not meet him for a long time and i shell pay him money,pls. accept money and handover to him, i refused to do so saying that it is your personal matter and I do not involve in personal matter for that.
At the time, complainant handover money to unknown person who was besides him,
the person was his uncle's SON.
At the trial. my lawyer produce all documents,evidence and very important witness(sarkari panch) JUBANI where panch clearly show court not any involvement of me in connection of transaction of money to third party.
hon.court declared judgement convicted and sentenced all three accused .
thanks for your interest.
S.B.adil rahman
(Expert) 20 December 2015
What I understand from your post that you had been convicted on the presumption of being one of the accomplice in the illegal gratification. However it is difficult to understand without going through the judgement as to what were the factors and evidences which led the court to come to the conclusion of your guilt.Courts do not convict on the basis of gestures and surmises. Your statement appears to be your defence which you must have stated before the court.What were the prosecution evidence? What are the evidences relied upon by the court to convict you? please contact any local lawyer for evaluation of the evidences to find the loop holes.Are you posting the queries from jail after your conviction or have been granted bail? If bail has been granted then there may be a good case to defend.
Guest
(Expert) 20 December 2015
For suitable advice, the court judgment is required to be examined in detail.
bharatbhai vyas
(Querist) 22 December 2015
Sirs, trial court only attention to complainant Jubani ,f.i.r.and police officer Jubani .
Trial court does not attention towards defendant lawyer arguments, evidence on record,Sarkari witness Jubani, cross exam as well as hon. Supreme & high court realeted judgements. At the trial 3lawyers(expert) were engaged on behalf of us (3 Accused).
Our lawyer prodused at trial more than 15 high court & supreme court judgments related to matter , trial court denied all this, speaking that the principles of the said judgments are not to implement with the presence case. There was a single eye witness At the trap place Sarkari Panch ,and trial court did not accepted his Jubani and not a single word to do so in judgment nor declared him as hostile .
Also there was a contradiction between the complainant FIR and his Jubani at court.
Some points of complainant FIR related to my side did not prove during trial .
The Jubani of complainant is prejudiced & doubtful and not supported by any witness at trial. the prosecution did not examine any neutral witness to prove charge against me During trial .trial court judgment is bed luck for me. Hon. high court ordered to sanction bail till final disposal of appeal. And ordered to Stay/suspended trial court order of sentence till final disposal of appeal.. no order of Stay of conviction and for that department punished to dismissal from job effect from 20th nove.15. as my regular retirement take effect from 30th nov.15. (before 10 days)
Depar. Did not sanction provisional pension. the matter of appeal in hon. high court May take long time .the opinion of my lawyer is to file petition to order of stay of conviction And if possible I can get provisional pension ,but a rare chances .
In this critical situation , I hope from your best opinion and ideas .thanks so much
bharatbhai vyas
(Querist) 22 December 2015
Sirs, trial court only attention to complainant Jubani ,f.i.r.and police officer Jubani .
Trial court does not attention towards defendant lawyer arguments, evidence on record,Sarkari witness Jubani, cross exam as well as hon. Supreme & high court realeted judgements. At the trial 3lawyers(expert) were engaged on behalf of us (3 Accused).
Our lawyer prodused at trial more than 15 high court & supreme court judgments related to matter , trial court denied all this, speaking that the principles of the said judgments are not to implement with the presence case. There was a single eye witness At the trap place Sarkari Panch ,and trial court did not accepted his Jubani and not a single word to do so in judgment nor declared him as hostile .
Also there was a contradiction between the complainant FIR and his Jubani at court.
Some points of complainant FIR related to my side did not prove during trial .
The Jubani of complainant is prejudiced & doubtful and not supported by any witness at trial. the prosecution did not examine any neutral witness to prove charge against me During trial .trial court judgment is bed luck for me. Hon. high court ordered to sanction bail till final disposal of appeal. And ordered to Stay/suspended trial court order of sentence till final disposal of appeal.. no order of Stay of conviction and for that department punished to dismissal from job effect from 20th nove.15. as my regular retirement take effect from 30th nov.15. (before 10 days)
Depar. Did not sanction provisional pension. the matter of appeal in hon. high court May take long time .the opinion of my lawyer is to file petition to order of stay of conviction And if possible I can get provisional pension ,but a rare chances .
In this critical situation , I hope from your best opinion and ideas .thanks so much.
K.S.Srinivas
(Expert) 24 December 2015
Even though you are acquitted in the appeal, still department can take action. In the criminal cases, evidence beyond reasonable doubt is essentially required, whereas in the departmental proceedings preponderance of probability is sufficient. (Apex court verdict in Capt.Paul Anthony Vs. Bharath Gold Mines Limited). Since you are dismissed from service, you are not entitled to claim provisional pension.
If you are honourably acquitted then only the department can take other view and you have a chance of getting pension.
Guest
(Expert) 24 December 2015
Shri K.S. Srinivas has rightly opined. Jubani or written evidence, the department has no concern, so far as court judgment is concerned. The department is concerned with the court verdict of honourable acquittal in your favour for taking you back in service or retiring you on attainment of superannuation age.
Regular or provision Pension is granted only in case of superannuation retirement or provisional retirement.
Better file appeal in the competent court for getting honourable acquittal from the charge.
S.B.adil rahman
(Expert) 24 December 2015
The Apex Court's judgment in State of West Bengal Vs Sankar Ghosh available on Google search will be an eye opener for you. please go through the judgment with special emphasis on the word honorable acquittal. The picture will be clear that even acquittal on the basis of lack of evidence or benefit of doubt would not help you in getting back the job until acquitted honourably in Appeal.
bharatbhai vyas
(Querist) 25 December 2015
sirs, all opinions related matters okay.and thanks for all. now i had mentioned all points related judgement and case matter.
can I get relief through order of suspension of conviction ? i know very well that it is
very difficult and rare chance to getting order, whats your opinion ?
appeal will not dispose in near future and
for that i will face hard difficulties for a long time in absence of pension.help me to find some solution .once again thanks for your interest
Advocate. Arunagiri
(Expert) 25 December 2015
Once you are relieved from the criminal case, you can go for a writ Petition against the department for challenging the dismissal order and for restoration of employment.
K.S.Srinivas
(Expert) 25 December 2015
There is remote chance of getting relief through order of suspension of conviction. Unless you are acquitted honourably in the appeal in the High Court, you may not get pension.
S.B.adil rahman
(Expert) 25 December 2015
Dear Mr.Vyas,
What is your present position? Are you on bail or imprisoned? If you get a stay on the conviction or granted bail in Appeal then there are chances that your disciplinary authority may consider your temporary reinstatement subject to the final order/judgment in the Appeal and also provided you have a good relation with your disciplinary authority and the other superior officers of the department. But even then the chance is only 10%. However, it all depends upon the rules of your department which govern the service conditions. You keep it mind that in the matter of reinstatement your case is very weak until honorably acquitted.If your department considers it then you would be lucky. You can seek speedy justice by approaching the Hon'ble High Court.
bharatbhai vyas
(Querist) 29 December 2015
sir,
thanks lot for your valuable advice.sirs,
one more thing,i expect to your views and clearance.
terms are very smooth and honorable towards
me related my job function as well as personally of station officer and district level officer towards me.but in case of lack of beneficiary action can I challenge the dismissal order on ground of not hearing me personally, as rules concerned ?
S.B.adil rahman
(Expert) 29 December 2015
You are not clear for example you have not disclosed that whether you are on bail or in jail.Any way,had you not been examined or heard u/s 313 Cr.PC by the court of law before during the trial and before your conviction? In departmental proceedings or dismissal based on the conviction of the employee it matters little whether he is are heard by the disciplinary authority before dismissal from the service or not since conviction by the court of law is itself sufficient to dismiss the employee.This is the condition of service of every government job. Only acquittal and too honorable acquittal will make the employee's case of dismissal a case strong for consideration for reinstating him in job. You better try to win the Appeal by honorable acquittal.If you had not been convicted then the matter would have been different. It is now your wish to go to the SAT or CAT and spend money on a fruitless exercise.
bharatbhai vyas
(Querist) 31 December 2015
sirs, what is your view in connection of this statement ;;you should file application for suspension of the order of conviction That is one option.
Second. you can file a writ petition in the high court, on the ground, of pending appeal in HC, and, also on the ground of violation of principal of natural justice.;;;
S.B.adil rahman
(Expert) 31 December 2015
Yes, you appear to be right. In stead of discussing at this platform why do not you hire an able brain for your case? And able brain who sells his skill and time would not be available at a small amount. If you have enough money to engage a stalwart of service laws, then you can fight up to Supreme Court. Before that you have to discuss the case in detail win 3/4 conferences with your junior lawyer then after that with the senior lawyer and then you have to proceed.The only issue is money that how much you can cough out. The lawyer will do as you suggest him. No one can take guarantee about the out come of the application or appeal or argument. Best of luck....
Sudhir Kumar, Advocate
(Expert) 06 January 2016
department could have initiated disciplinary case even during the criminal trial and passed dismissal order instead of allowing such a long period of 24 years of suspension and interim pension.
