Reinstatement after acquittal in cr case possible?

Wish you the best.

Originally posted by : Kumar Doab
	It is good that you have been acquitted. Ideally dept proceedings on self same charges may be dropped.

Doab ji,

For your kind information, since departmental inquiries are based on conduct & discipline rules of the department, not on criminal acts under the criminal laws, the same are treated as a distinct affair than a court case. So the charges in a departmental inquiry leveled in consideration of misconduct in the department are not dropped even if the court exonerates an employee from criminal charges.

Originally posted by : S C Behera
	Sir, I corresponded over my case. The trial that was going on in CBI 3rd Spl court at Kolkata has finally come to an end and I have been awarded with an acquittal on merit. In a 120 page verdict that Ld Judge reasoned with a speaking manner and has come op with the decision that "the charges are omnibus statement standing alone to be proved"...I have represented the department as well with a rejoinder to my Memorial annexing a copy of the verdict. The concluding lines of the verdict go thus: "The accused XXXX XXXXXX is found not guilty of the charges under sctions 419/420/467/468/471/477 and 477a of the Indin Penal Code and under section 13(2), r/w 12(1)(d)of Prevention of Corruption Act, 1988 and thus he is acquitted from this case u/s 235(1) Cr.P.C. He is released from his bail bond. Alamats, if any, be destroyed after the appeal period is over. The case remains disposed of" The charges of my company (LICI) and the those tried in the CBI court were identical. The witnesses and the documents were also identical. Do you think it is likely that the company should oblige? And, how shopuld I send the copy to you for your kind assessment as to whether this is an honourable acquittal? I have sent PM as well but not sure whether they were sent or not. Advice in any forum will do. My regards,

@ SC Behera,

If your appeal is rejected by the appellate authority, you may have to file a case in the CAT or HC, as may be the jusrisdiction, for exoneration of the charge of the departmental disciplinary case on merits of the case with specific reference to the departmental rules. 

As your posts; you have appealed in time.

You have suitable and effective counter for allegations leveled by establishment.

Since you have been acquitted Gratuity may become payable.

If any speaking order has been passed and supplied, you can respond to it.

PF, Gratuity; Relate with PF, Gratuity Rules of the establishment, which you have and have quoted.

Download the extent forms per rules and submit under proper acknowledgment as and when you separate.

I have sent you some more links. You may pick up relevant points.

It has already been posted in the thread by me and Experts that you should preferably spend quality time with a very able counsel in person and online discussions cannot be a substitute to it.

You may spend quality time with a very able LOCAL counsel of unshakable repute and integrity specializing in such/service matters having successful track record.

Hopefully you already have your own counsel that has helped you.

You have posted for me and thanked me that I have been helping you and you have agreed that you must not attach or send any document that bears any names and logo.

 Mr. Issac Gabriel, Mr. Sudhir Kumar, Mr. Jyotrimaya Bhahera, Mr. G.L.N.Prasad  has helped and posted for you in the thread.

Don’t  attach any document at online portals.

Always remove names, Logo, phone numbers, email Id’s…………….all personal information. 

You can do it yourself and/or any cyber café person can do it for payment of Indian Rupees20/-.

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab It is good that you have been acquitted. Ideally dept proceedings on self same charges may be dropped.     Doab ji, For your kind information, since departmental inquiries are based on conduct & discipline rules of the department, not on criminal acts under the criminal laws, the same are treated as a distinct affair than a court case. So the charges in a departmental inquiry leveled in consideration of misconduct in the department are not dropped even if the court exonerates an employee from criminal charges.

 There is nothing new in the post.

It was not invented or original or originated yesterday.

The basics are known to one and all and querist.

Mr Doab,

My appeal to my Appellatte authority was turned down before I was awarded acquittal by the Ld CBI court. As per the norms stipulated in our Staff Regulataion the Disciplinary Proceeding culminated in submission of Memorial (the final appeal) to the Chairman. I have already sent my Memorial which is still under consideration. On receiving the verdict from CBI court, I have also sent a rejoinder annexing the verdict requesting him to consider the Memorial in the light of the present development as well.

It is only when all departmental proceedings are exhausted and the process is futile, I shall seek legal remedy in appropriate forum.

My intention to send the verdict to you (you is plural here) was to obtain your (plural) opinion whether the same is an honourable acquittal or not. A careful and objective reading of the verdict will transpire that the same is an honourable one, but your thought processes are more comprehensive and technical. But the verdict is a 120 page docunent in hard copy. Retyping is an enormous task.

I communicated the development to all my experts , who were kind enough to correspond me in PM. For those who were gracious enough to reflect their opinion in the thread, must have found my post in the thread.

My heartfelt gratitude to all my experts to have cast their thought and opinion on my issue in hour of need and crises.

My sprecial thanks to you, Mr Doab, is intended for a special favour that deserves mention and that was your article on acquittal and reinstatement. It has helped me tremendously to gain a comprehensive notion over the issue.

My special thanks to Sir Gabriel as well for communicating me the judgement on the case of Goutam Bhattacharjee and Kolkata Municipal Corporation on the self same matter.

I shall be taking help of an able counsel as and when it will be time, as advised by you; but chosing the right person here is quite a task.

I request you to forward me recent judgements on the selfsame matter, if amy.

I express my sincere gratefuless to all my experts who have been kind enough to contribute to my thread. I hope you would not deny me of this previlege.

Originally posted by : Kumar Doab
	Originally posted by : JIGYASU Originally posted by : Kumar Doab It is good that you have been acquitted. Ideally dept proceedings on self same charges may be dropped.     Doab ji, For your kind information, since departmental inquiries are based on conduct & discipline rules of the department, not on criminal acts under the criminal laws, the same are treated as a distinct affair than a court case. So the charges in a departmental inquiry leveled in consideration of misconduct in the department are not dropped even if the court exonerates an employee from criminal charges.  There is nothing new in the post. It was not invented or original or originated yesterday. The basics are known to one and all and querist.

Mr. Kumar Doab,

If not new, what was the relevance of your own statement, "Ideally dept proceedings on self same charges may be dropped?"

Originally posted by : Kumar Doab
	Don’t  attach any document at online portals. Always remove names, Logo, phone numbers, email Id’s…………….all personal information.    You can do it yourself and/or any cyber café person can do it for payment of Indian Rupees20/-.

Nothing new, the advice is an old trick being used by Mr. Kumar Doab, a fake identity person, to expect the querist to post his personal information as well as the information of his employer, which can very well be picked from the text of the documents for the misuse by Mr. Kumar Doab for his blackmailing purpose.

Just a matter for thinking seriously, what was the fun and purpose of expecting the qquerist to attach documents, when he has already advised, "you should preferably spend quality time with a very able counsel in person?"

You are eligible for Gratuity.PF and Encashment of leave cannot be denied even to the terminatede employee. Pl also see the Judgement, which is useful to u I suppose

Dear Mr. Issac Gabriel,

Thanks for posting in the forum again to help the querist.

The attachment could not be downloaded.

Pls attach again or mention the title and link. 

Dear LCI Querist @ Mr. S C Behera

You have acted properly by submitting the trial court verdict acquitting you.

You have already mentioned that charges etc are same in criminal case and dept. case.  
 

You approach to represent thru a lawyer later if required in court of law, is correct.

Dear LCI Querist @ Mr. S C Behera

You are welcome.

Originally posted by : JIGYASU
	Originally posted by : Kumar Doab Originally posted by : JIGYASU Originally posted by : Kumar Doab It is good that you have been acquitted. Ideally dept proceedings on self same charges may be dropped.     Doab ji, For your kind information, since departmental inquiries are based on conduct & discipline rules of the department, not on criminal acts under the criminal laws, the same are treated as a distinct affair than a court case. So the charges in a departmental inquiry leveled in consideration of misconduct in the department are not dropped even if the court exonerates an employee from criminal charges.  There is nothing new in the post. It was not invented or original or originated yesterday. The basics are known to one and all and querist.     Mr. Kumar Doab, If not new, what was the relevance of your own statement, "Ideally dept proceedings on self same charges may be dropped?"

Your contribution in this thread is also ZERO.

You have already memorised that you will not comment on my or anyone's post(s).