Service matters- re joining of duty after convicting
Athi Vishal HD
(Querist) 28 November 2016
This query is : Resolved
Respected Sir,
Please suggest about
Sudhir Kumar, Advocate
(Expert) 29 November 2016
"After receiving the above infn we have failed to discharge him from Service since some administrative reasons. "
WHAT WERE THE ADMINISTRATIVE REASONS FOR SUCH UNDUE FAVOUR.
Why do you think deptt should not be taking action against you or higher officers for such dereliection.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
"Please suggest me what is remedy to take him back to Govt Service"
MY DEAR FRIEND.
EVEN IF HE WAS ACQUITTED STILL IT WAS OPEN TO THE DEPTT TO CONSIDER DEPARTMENTAL ACTION AGAINST HIM . RATHER SUCH ACTION COULD HAVE BEEN PROPOSED EVEN DURING TRIAL AS 498 ALLEGATION IS A PROFESSIONAL MISCONDUCT AS WELL.
IT APPEARS THAT YOU ARE INTERESTED IN RISKING YOUR JOB FOR HELPING HIM.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
Further more 48+ custody places him under deemed suspension. You cannot take him back on duty unless the appointing authority decides to revoke such suspnesion.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
refer
http://www.lawyersclubindia.com/experts/Promotion-witheld-due-to-498a-case-606676.asp
You are yourself facing 498a allegations and dealing with case of another such accused in official capacity.
your negligence can be treated as lack of integrity.
be also clear that departmental inquiry (if initiated against you ) for this case will not require 100% proof against you. Pre-ponderance of probability can be invoked and you an beheld guilty of causing wrongful gain to the person.
Athi Vishal HD
(Querist) 29 November 2016
Sir before judgement, departmental enquiry has also been completed and his increment has postponed for 3 yrs. Hence there is no pending dept enquiry against him.
After receivng the conviction order our office failed discharge him service due to transfer of our boss, changes in work distribution in our office, discussing the isse with head office etc. Im new to this subject and i just taken over this issue from past 7 days only. Pl suggest me
Kumar Doab
(Expert) 29 November 2016
You have posted that:
"Then he called me and told that put an order to discharge the Police Constable from Govt. Service based on Session Court order.
Please suggest me what is remedy to take him back to Govt Service
"
Apparently your boss has called you.
Apparently you boss is authority and you as Clerk is not the authority.
You may put up the file in accordance with your designation and service rules to the authority.
Rajendra K Goyal
(Expert) 29 November 2016
Get the orders passed from the officer and proceed.
Sankaranarayanan
(Expert) 29 November 2016
I do stand with Mr sudhir, unless otherwise the appointing authority's decision
Sudhir Kumar, Advocate
(Expert) 29 November 2016
you said
"fter receivng the conviction order our office failed discharge him service due to transfer of our boss, changes in work distribution in our office, discussing the isse with head office etc. "
This is no valid reason. Someone in the hierarchy is unduly supporting him. If you are the person then you are staking your job.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
All that is require is that one SCN is to be issued to him as to why he should not be dismissed form service having been convicted by the court.
No chargesheet or inquiry is needed.
And do not try to tell this forum that this is the first such case in a police deptt where an employee is convicted.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
you have not narrated that :-
"Im new to this subject and i just taken over this issue from past 7 days only. "
do as directed by boss.
Sudhir Kumar, Advocate
(Expert) 29 November 2016
you had earlier hidden and now intimated
"departmental inquiry has also been completed and his increment has postponed for 3 yrs"
what was the allegation on which depttl action was taken
penalty order itself will tell you.
Rajendra K Goyal
(Expert) 01 December 2016
Author should reply the questions from expert Sudhir Kumar.
Kumar Doab
(Expert) 01 December 2016
You have posted that:
"Sir before judgement,...............departmental enquiry has also been completed and his increment has postponed for 3 yrs. Hence there is no pending dept enquiry against him. '
That was one part.
Post judgment let the authority decide.
If it is your case or similar case or you want to help this employee ask him to search a very able counsel at his location and get acquitted.
Kumar Doab
(Expert) 01 December 2016
I have sent you some links that you can pursue for your's or other's matter.
You can discuss further with your own counsels at your own location.
Dr J C Vashista
(Expert) 02 December 2016
Karnataka police has number of advocates on their roll; a separate prosecution department is functioning independently with every state government and the queriest has confirmed himself as a "clerk" who has not corroborated his statement qua failure of department to dismiss the delinquent official convicted and sentenced to 8 years of imprisonment. Meanwhile, on the basis of departmental inquiry the delinquent official was stated to have been awarded just "postponement of 3 years increment" which is prima facie an eye-wash.
A totally fabricated and hypothetical story which has no footing posted by an "anonymous" author adopting his name as "victim of 498A" but still serving with police department as "clerk" and seeking advise of experts pretending as Inspector General of Police.
