Departmental enquiry after acquittal in criminal case

G.M.Tank vs State of Gujarat 2006(2)Gujarat Law Herald 533.

First of all thanks for the reply.

The facts of the case narrated are different from the facts of my case.I have no doubt that both the criminal case and departmental enquiry be held simaltaneously. But my question is that ,my criminal case is already disposed  off and now departmental enquiry is going to be conducted. when the matter is already disposed off by a competent court and acquitted me then is it proper to hold departmental enquiry. This is point is not clear in the judgment referred by you. Could you please give me proper suggestion that when the matter is already disposed off by the competent criminal court, acquitting me from the charges. Can it be proper to hold a  departmental enquiry? Suppose if the departmental enquiry goes against me there wil be conflicting of decisions. Please advice on the same and give a clear citation.

Regards

Imran

9663848780

Dear Imran,

It is not the fault of the departmental authorities, as when the CBI feels that their case is likely to fail in the court of law, they usual play the trick to refer the case to the departmental inquiry. Rather, they send the pre-drafted chargesheet to the disciplinary authority for taking necessary disciplinary action against the official. The departmental authorities normally do not decline, rather have no guts to decline the instructions of the CBI and hence they issue the charge sheet to the concerned official without rethinking on that.

However, defence assistant of the charged official need be so strong to defend the case to prove that it is the mischief of the CBI to intentionally book the official when they have already failed in the court of law. Departmental authorities have no superiority over any court of law. If defended properly during the inquiry proceedings, the inquiry officer and the disciplinary authority are bound to agree that when the charged official has already been acquited by honourable court of law, they do not enjoy any overriding power over the the court of law against its judgment.

You may, if you like, can contact me with complete details through email ID for further consultation..

PS Dhingra

dcgroup1962@gmail.com

Your first question was wehether depttl.enquiry can be conducted on the same set of facts of crimninal charge,the judgment is proper,but now you ask that though acquitted,no deptt.enquiry should be conducted is a different  point.The deptt.enquiry if conducted on different charge i.e.unbecoming of govt.servant,you may have to face it,but if the set of facts and witnesses are same,it is better that you should challenge the chargesheet in the high court.

WP24999 of 2008 decided on 20/01/2011

criminal procedureis one statutory process which decideds criminal liability as if whether the person is fit enough to be sent to jail or not.

departmental inquiry is another statutory process in employee-employer relashionship to decide whether the person is fit enough to be retained in service or not.

Criminal court  requires strict evidence. departmental inquiry can be diecided on the basis of cricumstantial evidence on on pre-ponderance of probability.  So if  a charge has failed in criminal trial may succeed in departmetal inqiury. 

The inquiry is perfectly legal.  such chargehseet will be a waste of time and money when the battle is half won.

Sir

I am facing a departmental enquiry against me but in session court i had aquittal on same set of facts and witnesses and same charges.I challenged it in Highcourt of calcutta but in single bench i was awarded to face displiniary enquiry with Rs.50000/= cost  to state legal cell for filing wp and Rs.100000/= cost to Bank if they prove any charge against me.Very stupid judgement by an judge. I apeal in Double bench and they wave the cost but directed to face the departmental enquiry with so many errotic points.

Now I am compelled to face the enquiry.Bank management already gave an affidavit to the high court that I am fit for dismissal from service which clearly prove that the enquiry is only the eye wash or an empty process.

Now question is what I have to do to get the justice.In our country is not any law to save me from the vindictive attitude of the manegement.Feeling helpless i need your valuable guidance or advice.

Please treat it as urgent.

Regards

Anjan Biswas