seema sharma ( manager) 29 August 2012
s.138 case on delhi govt. employee, whether it is breach of service rule and code of conduct.
how to send legal notice to a govt servant for breaching code of conduct and service rules.
as there is a criminal proceeding of s.138 NI act, is going on in court.
now I am from the part of compalinant and to make pressure for recovery we want to send the notice.
pls help.
there are two cases, in one case he has compounded means settled the amount and paid but second one is he is delaying.
Sudhir Kumar, Advocate (Advocate) 01 September 2012
DO not confuse between two.
NI ACT notice will be given to him like any other person.
A Govt servant is expected to maintain absolute integrity and such integrity is not restricted to official life only. He has to maintain integrity even in private life as well. Issuing a cheque with insufficient balance is dishonesty and Govt employees have been charged with the same. So in addition to notice under NI Act, a complaint can be given to his department giving details of the cheque bounced as the persons has failed to maintain absolute integrity.
Though the offence of NI Act is bailable but at times accused is unable to secure immediate bail and if taken in for 48 hours he is deemed suspended.
However if he gets bail in NI Act he is under obligation to report the same to the department and wait for his failure to report.
If he is convicted he can be thrown out by Govt without chargesheet.
seema sharma ( manager) 05 September 2012
what is the procedure , if we want to make him liable for disciplinary action.
Sudhir Kumar, Advocate (Advocate) 05 September 2012
If half knowledge on the rules is disctributed on the open net then many persons will butn their finger.
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