minakshi bindhani
24 September 2021
As per your illustrated query!
It is well-settled that in the cases of criminal involvement, the conduct of the employee is required to be considered the gravity of the punishment while awarding the departmental punishment.
Moreover, Article 311(2) of the Indian Constitution declares that no person, who is a member of the civil service of the Union or All-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed, removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
As per your matter concerned, the discretionary power is given to your departmental proceeding and all that depends upon the gravity of the offence.
