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Authority of investigation officer in a 498a caae

(Querist) 20 October 2014 This query is : Resolved 
Sir/madam,
i m working as a state govt executive in telangana state.on 27.3.14 I gave divorce notice to my wife.in retaliation she filed 498a,sec 3 And 4 Of Dp act on me,parents,sister and sec 354 On my cousion brother on 17.4.14.
dsp called me to his office at 7pm on 17.4.14 and got arrested me there and kept me in lockup upto 11am on 19.4.14.
officially they have shown arrest on 18.4.14 at 7pm

on 19.4.14 Investigation officer who is an SI sent a letter to Head of our office that we have arrested ur employee on so n so cases and they also requested to take departmental disciplinary action against me due to my involvement in criminal cases.
my doubt is 'does the io has the authority to request for dept disciplinary action'.
if yes who has given the power n under which act.
if no what cases can be filed against him
can i get any guidelines under which he can be questined in cross ecamination

with regards
venkat
Sudhir Kumar, Advocate (Expert) 20 October 2014
Yes the police does have such authority to report arrest to the deptt. This an obligation on the police to report arrest of Govt employee promptly to his deptt.

Irrespective of intimation send or omitted to be sent by the police, you have an obligation to report (in wiring) to the police the fact of your arrest and bail. Failure to do so itself (irrespective of any other action) be a reason for disciplinary action.


Before anyone records views to the contrary I wish to make it clear that allegation of dowry demand is also a professional misconduct for the department and the department on intimation (even if from other source than police) can initiate (if they so desire) disciplinary action against the Govt servant without 3even waiting for the verdict of the criminal court.
Sudhir Kumar, Advocate (Expert) 20 October 2014
Further you stated that you were arrested on 17th and arrest was shown as on 18. You must be very thankful to the police to the act of kindness.

Now on record you did not suffer 48 hours of custody and you are not "deemed to have been suspended". Now deptt if intending to suspend you has to seek evidence of allegation from the police.
Chilamakurthy Venkat Raao (Querist) 20 October 2014
sir,i was arrested on 18.4.14, and was released on bail on 2.5.14.parents were arrested on 20.4.14 and released on 2.5.14.so 48 hrs limit i have crossed.i already received a charge sheet from the company for which i already submited my reply on 21.6.14.
i agree that it is the duty of the IO to give info to the employer abt my arrest but does he has right to request for departmental disciplinary action against me is my doubt.
whether he requests or not company will take its course of action.
Sudhir Kumar, Advocate (Expert) 20 October 2014
you have now stated that


"sir,i was arrested on 18.4.14, and was released on bail on 2.5.14"

who prevented you from stating the truthful facts earlier?

what do you gain from the forum by hiding facts, besides getting wrong views?

why do you play hide and seek with the experts of this forum who are using their private net connection and private electricity and helping you with unpaid advise.
Sudhir Kumar, Advocate (Expert) 20 October 2014
now you are saying that

"i already received a charge sheet from the company for which i already submited my reply on 21.6.14."

earlier you said that

"i m working as a state govt executive in telangana state"


better you clarify the truth that whether you are govt employee or employee of a company.
Sudhir Kumar, Advocate (Expert) 20 October 2014
you also asked

"does he has right to request for departmental disciplinary action against me is my doubt."

reply to this can only be given when you clarify as to whether you are govt servant or employee of a company.
Chilamakurthy Venkat Raao (Querist) 20 October 2014
Sir,i m working for the singareni collieries company limited it is a govt owned company having 51pc shares.
Devajyoti Barman (Expert) 20 October 2014
do as advised above.
Sudhir Kumar, Advocate (Expert) 20 October 2014
have you received chargesheet or you have got explanation call?

Have you shown the paper to some one well versed in disciplinary matter, before/after reply?

You have not disclosed whether you are on duty or under suspension?

have you reported the arrest and bail to the deptt in writing?

Further also share if any more facts are hidden by you.


REMEMBER YOU ARE THE LOSER IF YOU GET HALF ADVISE BASED ON HALF FACTS.
Chilamakurthy Venkat Raao (Querist) 20 October 2014
Sir i am not hiding anything.i work for singareni collieries company limited,its a govt company producing coal in telangana state.
i gave info regarding my arrest n bail the next day i.e. On 3.5.14. to our manager in writing but as my file was already sent to CMD who resides at hyderabad i was not allowed for duty from 3.5.14 to 2.6.14.While allowing for duty on 3.6.14 they gave me warning leter that i was under unauthorised absence from 18.4.14 to 2.6.14.
few days later i.e on 10.6.14 Chargesheet was served to me for which i gave reply on 21.6.14.i have showed my reply to personnel dept people who deal with the disciplinary matters in our company.
main charges in the chargesheet were 1)i have not informed abt my arrest on 18.4.14 itself. 2)while informing on 3.5.14 I have not informed abt the circumstances which led to my arrest where as i mentioned the acts i was kept in jail clearly.
no suspension was given to me as of now.only thing is i am on unauthorised absence from 18.4.14 to 2.6.14 as per company records.
i m waiting for reply to my chargesheets reply.presently i m on duty

Sudhir Kumar, Advocate (Expert) 20 October 2014
You have shown reply only to your personnel deptt employees who are expected and paid for working on other side of the fence.

I wonder if you could be more stupid.

It is wrong to believe you to be on unauthorised absence. You are deemed suspended and you should request the management to revoke suspension to allow you to join.

I advise you to meet a person (other than employees of your personnel deptt) who is well versed in disciplinary proceedings.

I further suggest you to get a copy of CDA rules of the PSU, and use RTI if not available otherwise. Without these rules you just cannot have a correct advise on earth from anyone whatsoever.


99% of the Government servants just do not know what is called a chargesheet. The document is worded as a Memorandum. So you do not know whether the document given to you is chargehseet or just explanation letter. Therefore I suggest you to meet a person (other than employees of your personnel deptt) who is well versed in disciplinary proceedings.

Rajendra K Goyal (Expert) 20 October 2014
Agree with the expert Sudhir Kumar.
Sudhir Kumar, Advocate (Expert) 21 October 2014
Till such time you are revoked you are entitled to Basic pay+GP upto 50% to 75%, HRA full, tpt allowance zero, without attending office and all other benefits.

On the contrary by being treated as unauthroised absent you are being denied full wages and a ground being created for unauthorised absence. If your version is ture (and not misconceived) then it is a big atrocity of the personnel deptt and you are trusting them besides anyone else than on earth.

you have forgotten that


रकीबों को कासिद बनाते नहीं

P. Venu (Expert) 21 October 2014
Had your wife made any complaint to your official superiors?

The alleged charges of misconduct, as stated by you, are rather strange and unconvincing.

Anyhow, the settled legal position is that, for initiation of the disciplinary proceedings, there should be independent application of mind by the disciplinary authority. The disciplinary authority cannot issue a charge-memo just because some one advised him to do so. Such a charge-memo is a nullity.
Sudhir Kumar, Advocate (Expert) 21 October 2014
Before agreeing or disagreement with Mr Venu the vital information is needed as to whether the author received chargesheet or jus explanation call.


If this is charge memo then it cannot be said to be nullity just because there is no complaint from wife. Complaint from police officer is sufficient, although it is not binding fo rthe deptt to take disciplinary action on request of police. Deptt cannot issue such charge sheet without getting copy of FIR which includes complaint of his wife.


Such chargesheet is not strange but rarely Govt deptts resort to such action. Issue of such chargesheet cannot be strange view of the fact that the deptt is acting so harsh (as reported by him) that instead of giving rights of suspended employee he is being treated unauthroised absent.
Chilamakurthy Venkat Raao (Querist) 21 October 2014
P.Venu Sir,my wife didnt complain to my superiors to take action for involvement in criminal cases.but she gave a complaint to my HOD,after receiving my divorce petition,that i am harassing for dowry mentally and physically.
she gave the same complaint copy to SHO of our Area PS i heard.
but the actual complaint copy of our case is different from that.

P. Venu (Expert) 21 October 2014
You may forward a copy of the charge-sheet (or may be the memo) together with the annexure received from the company to my address or my e-mail as follows:

P.Venu
Assistant Salt Commissioner (Retired)
Nandavanam
Udayanapuram
Vaikom 686143
Kerala State
e-mail: pvenu1953@gmail.com

I will give further opinion after perusing the documents.

In the meanwhile you may verify from the jurisdictional magistrate court whether a n FIR has been registered against you. A local advocate or his clerk can help you in this regard. They can even get you a copy of the same.
Sudhir Kumar, Advocate (Expert) 21 October 2014
you may take help of Mr Venu as kindly offered above. At least it will be cleared whether this is chargesheet or not.
T. Kalaiselvan, Advocate (Expert) 22 October 2014
You may follow up the matter further after taking proper advise from expert Mr. Venu who has kindly consented to look in to your matter and give his advise thereon.
Devajyoti Barman (Expert) 22 October 2014
now act in stead of posting queries.You are advised enough.


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