Suppression of information charge !!!

Memorail to the President will be too premature at this stage.  You may get thebest simply on the mercy of the deparment.  It is a technical misconduct you have not embezzeled Gov tmoney.  Higher authiritie should have no rik in bieng lenient.

even if there was confirmation before this event you were as per CCS Rules and Govt instructions there under obligation to report arrest and bail.  Those misguiding you without knowledge can read the following instructions:-

(1)    Report of arrest to superiors by Government servants :- 

It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail.  On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension.  Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.

[MHA letter No. 39/59/54-Est.(A) dated the 25^th February, 1955]

(https://persmin.nic.in/EmployeesCorner/Acts_Rules/ccs(cca)/ccstotal1.htm)

These instructions do not differentiate between confirmed and unconfirmed employee. Guilty you are your strength is to plead for lighter punishment which can be possible only if you ensure not to annoy the higher authorities.

I am saying so with 30 yars of experience in Central Govt  and maximum period in HR and in Vigilance.

Learned experts and members are requested to clarify what should have been done  in case of employee of a private company.
 

I was appointed in 70's when the Central University was having it own rules. Now I have come to know from Registrar that we have moved to CCS(CCA)1965 rulesin 2001. For this to happen there must be a resolution of the University underlining the switch over to these rules. I am trying to search for that.

You are right that it all depends upon the higher authorities but the fact is that some people have gotten really miffed with me and my honest ways. I should had been a little flexible/accomodative i guess.

Thanks you all for your suggestions. Lets see what punishment is given out to me.

dear Kumar Doab, the discusssion above refers only to Govt employees.  Private employees need to consult thei industrial standing orders to see as to wheat is misconduct. They may if they so desire, even employ a convict.

Dear profession Onkar, the laguage used in the SHow Cuase Notice might be sufficient.  You say that some persons have miffed.  I am sure that nor all the persons afre miffed as the majority supports honest (which you claim you are). The possiobility of mercy cannot be rule out. For god sake do not follow advise of anyone who does not know anything about service rules of Govt evne if he wears a black coat.

Regarding applicability of rules.  You are now disclosing facts on instalement basis. It has to be very relevant as to when did the miscoduct took place and when the resulution of adoption of CCS Rules was passed and what were the rules there.  Further, even if the rules were made by the University yet the instructions issued under central rules may be applicable and the liability of the Govt servant for report arrest/bail is based on instrcutions issued under the rules and not on the rules as such (yet it is an obligation).

Nature of miscondcut as apparent from the facts given by you, the misconduct does not pertain to any loss of embezzelement of public money are causing undue favour or of misuse of official positin or of discporportionate assesst.  The misconduct is of only technical nature.  The doors of lenient treatment cannot be expected to be closed in such cases and normally any man of ordinary prudence even if malicious may not like to be a party to extrement penalty.

Learned Mr. Sudhir Kumar,

We have gained from valuable contributions in this thread by learned experts/members like Shri P.S. Dhingra, yourself... and post our profuse thanks and seek your concurrence for starting a thread for employees of Pvt. Companies. The employees of Pvt. Companies at various levels e.g. workman, executives, managers at first line, second line middle management, top management would greatly benefit from the advice of LCI experts/members.

Kindly be assured each contribution by learned experts/members is educating and hence avid readers would always strive to assimilate.

Kindly elaborate your comment: ’they may if they so desire, even employ a convict.”

I stated that  ’they may if they so desire, even employ a convict.” I am referring to private companies.  Rememer Govt departments and companies have harder disciplinary rules than in private. A Govt department hs no discretion to appoint a person who is involved in criminal case (as accused not as complainant or withness of having given bal) and a persons who remains in custody for 48 hours is deemed suspended (unless suspension is formally revoked) even if the custudy is unlawful or illegal or on mistaken identity. If convicted a Govt employee can be removed/dismissed from serice without any chargesheet without waiting for outcome of the appeal against convicted.

Private employers on the other had have the discretion of framing their own service rules.  Recently there had been reports inmedia that some compus placement is goind in in Tihar Jail and kidnapping accused bien g given a package as a management personeel. After all ex-convicts are humna being and most of them have leant excellent skill sinjail and some employer do not like to miss their talents. These persons at times become assetts to the NGOs working in development/Human Rights sectors.Some bamks have even emplloyed them as recovery agents although the practice was unethical as it amounted to further exposure to crime.

I welcome your proposal to start a thread you proposed.  rather both Govt and private employee need such advise due to rampant ignorance.  (Example : please try ask your govt servant friends if they are aware of their limitation in keeping contact with Foreign nationals, embassies, their employees and even foreign cultural organisation and marriage with emploeee wtih foreign missions in India.) I can give yu numerous such examples.

You can reply to the management humbly stating that you had no intention  of suppressing the fact or misleading the institute.  The matter is pending in the court and is sub judice.  How did the management get to know about this fact?Verify from the CCS and A rules whether suppression of pending litigation whether before joinging service or during service is a misconduct as per your category of employees.

Dear Mr Darshan Swaant,

The facts disclosed byu Mr onkar clearly indicate that there is a misconduct.  Please red my above blog which eleborates the violated instruction.  The fact of litigation being pending does not alter the fact that (i) he is on bail (perhsp had beenin custody as well (ii) criminal case is pending (iii) he has failed to inform the departmetn. Please note the person is o bail as long as criminal case is penidign and it is only the bail and pendancy of case that he is supporsed to inform.  The department is pehaps not charging him on the mertis of criminal case which they can if he is acquitted merely on technical procedural grounds. You are right he has to be humble and police/  Ther is strength in plea as the charges apparently do not pertain to undue favour, lack of intergrity, bribery or embezzlement. The alleged misconduct is of technical and procedural nature and higer authrities can afford to be liberal