The departmental authorities always face a problem as to whether they should initiate the departmental proceedings when criminal action is taken against employee. The finalization of the criminal proceedings take a long time and it is not desirable to continue the tainted employee unpunished.Therefore the following practical guidelines are mentioned below for the consideration and adoption by the departmental authorities.
1) Remember that departmental proceedings are different from criminal proceedings, though based on same transaction or incident. Departmental action is for violation of departmental rules.
2) The question of stay of departmental inquiry does not arise if the charges are different from those in the criminal case.
3) Issue the charge sheet for departmental proceedings without any delay.
4) Please see that a charge other than the criminal charge like, breach of specific conduct rule is also included in the charge sheet in addition to a criminal conduct.
5) Oppose the application for stay of departmental proceedings, if filed by the employee in a court. Please site various court judgments which have ruled that simultaneous proceedings can be initiated.
6) If the court grants stay , take the steps to get the stay vacated.
7) Remember that the departmental proceedings can be conducted with the help of certified copies of the documents filed in criminal court.
If the above guidelines are followed it will be possible to ensure that immediate action is taken against the erring employees .
1) Remember that departmental proceedings are different from criminal proceedings, though based on same transaction or incident. Departmental action is for violation of departmental rules.
2) The question of stay of departmental inquiry does not arise if the charges are different from those in the criminal case.
3) Issue the charge sheet for departmental proceedings without any delay.
4) Please see that a charge other than the criminal charge like, breach of specific conduct rule is also included in the charge sheet in addition to a criminal conduct.
5) Oppose the application for stay of departmental proceedings, if filed by the employee in a court. Please site various court judgments which have ruled that simultaneous proceedings can be initiated.
6) If the court grants stay , take the steps to get the stay vacated.
7) Remember that the departmental proceedings can be conducted with the help of certified copies of the documents filed in criminal court.
If the above guidelines are followed it will be possible to ensure that immediate action is taken against the erring employees .
I am charged officer,i would like to take clearity that,If on same matter of case Disciplinary authority has loged the FIR and also departmental charged sheet is given both since 2008-09 since that department had not started inquiry nor any action started from police department if department start inquiry started first than charged officer can denied for department inquiry can police department can take basis of department inquiry punishment.
ReplyDeleteDepartmental inquiry proceedings & criminal proceedings are independent and separate.If employee is punished in criminal case penalty can be imposed by the departmental authorities. However the courts will never take an action and hold the employee guilty on the basis of penalty imposed by the department.If you still have any doubt please write me on my email I.D. shridhar1941@gmail.com
ReplyDeleteI could not understand your query. Please elaborate it.
ReplyDeleteI haneef quitted from a ACB case by the session court Mumbai. But my depth. is started a dept.enquiry against me. I am now a retired from govt. service. Is is right? If so please give me suggest me.
ReplyDeleteI am a state govt.servant. by the ACB dept. Suit a case against me in session court (case no. 39/2014). Finally I and other 4 employees quitted by the hon.judge.
ReplyDeleteAfter this the rationing department is going to take Dept. Enquiry against us. After court decision I got retired.
Is it correct.
I am a state govt.servant. by the ACB dept. Suit a case against me in session court (case no. 39/2014). Finally I and other 4 employees quitted by the hon.judge.
ReplyDeleteAfter this the rationing department is going to take Dept. Enquiry against us. After court decision I got retired.
Is it correct.