LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Daksh (Student)     07 June 2013

What could be the way out.

Hi Everybody, 

I have got a peculiar querry regarding ongoing jeopardy of a civil servant.  He got involved in a criminal case and got over the same by pleading guilty and paying penalty.  He went back to his office and in reply to the show cause notice he replied that he  did nothing wrong as the matter pertained to his elder brother who sits at the shop where a raid was conducted on the complaint that duplicate electrical appliances were being sold and he only went to his place during lunch hour where the police arrested him believing him to be the owner of the shop and as the matter pertained to the family member he despite having nothing to do admitted and pleaded guilty in court.  Based on this reply he was demoted and reinstated on a below scale and lastly to add last nail in the coffin he recieved a communique from higher up at the time of considering his case for promotion request putting forth the following questions A. Was any enquiry committee was constituted before the reinstatement. B Whether the reinstatement without proper enquiry was proper.  In view of these facts once his case is cleared and reinstatement is being done for last three years what is the way out so that he can breath peace.

Yours views are solicited with relevant case law 

Thanking  you in advance

Best regards

Daksh



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     08 June 2013

you are not at all sure about the facts before putting a qury.

 

All that can be learnt from this query is htat :-

 

(I) a govt servant was found in a shop appering as owner

(2) the shop was doing some illegal activity

(3) he was arrested

(4) he was convicted and given only some fine as sentence


(5) You said that he was renstated that means and he was suspended also and it can be assumed (not intimated by you ) that he had been in custody beyond 48 hours.

(6) He was reverted to lower post.

 

Be clear that if a penalty is based on the fact of his being convicted then no inquiry is necessary.


Be clear that in this case deptt can also initated disciplinary cases fordoing private trade duringservice

 

no inquiry is ncesaary even for reinstteatement

The type of communication you are referring to at the time f promotionis unsusujal and probably you have not sentha papers.

 

You have not intimated :-

 

(1) whether he reported arrest to the deptt, if not he is laible for action.

(2) whether he reported convicction to the deptt.

(3) whether any chargesheet/inquiry has beenheld, if not what does penalty order say.

(4) was he holding ad-hoc or probationary rank in higherpost and has been palced onlower post as a matter of course for failure to complete probationetc.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register