28 July 2011
What action can be initiated against a central government employee by his own department, when it is informed to them that the said employee has a given false statement in FIR CASE DIARY statement that he has given huge amount of Dowry and gold on his daughters marriage and a criminal case pending against him. Central Govt. employee already replied to show cause notice issued by his department that he has not given any dowry or gold in his statement. How Central govt makes its decision? whether it will believe and take consideration with show cause notice statement reply given by the employee to the central govt. or it will consider the FIR case diary,chargesheet statements and crpc 161 statement given by the employee before the police that he has given dowry and gold on his daughters marriage ? on what statement does Central government makes his decision??
28 July 2011
Central Government is concerned only with the reply given by him to its show cause notice. If it is satisfied with the reply, it will close the case.
If you find any contradictory statements - one filed by him in the F.I.R. and the one stated by him in the reply to the show cause - and if you have authenticated copies of the show cause notice and the reply thereto - then you can produce these before the Court to prove your point that the statement made in the F.I.R. are false and the person has himself told in the reply to the Department that he had not given any dowry or gold at the time of marriage. Then the Court after assessing the evidence produced would come to a conclusion. In case you are discharged from the charges, then you can file a case against that person for falsely foisting a case against you.
If the FIR is lodged with police, although on information the Central Government can issue show cause notice for the purpose of preliminary investigation to be taken on record, but the Disciplinary Authority is not supposed to initiate any disciplinary action against the employee till police investigation is continued.
After the charge sheet is filed by the police in a court of law, the Disciplinary Authority would again avoid to take any disciplicary action till the case is subjudice. However, after the case is decided by the court of law, the Disciplinary Authority would become free to see if any misconduct on the part of the employee was committed or not, as per the provisions of the CCS (Conduct) Rules. The Disciplinary Authority would however be free to take action only if any misconduct is noticed to have been committed by the authorities as against the provisions of departmental rules.
However, if the employee is already exonerated in the dowry by the court of law, no action becomes due on the part of the departmental authorities.
28 July 2011
Dear Mr. Dhingra, I agree with your views. But in the instant case, the question is about filing false FIR alleging that the Government servant gave dowry and gold jewellery at the time of marriage of his daughter. On being complained against to the Department by the aggrieved son-in-law, the Department issues show cause notice to the Government servant (Father in law). In reply to the show cause notice the govt. servant (FIL) says that "he has not given any dowry or gold at the time of marriage". Thus, there is a contradiction between the statement /FIR registered with the Police authorities and the reply given to the Department agtainst the show cause notice. In these circumstances, what will the Department do against the government servant. That is the query.
28 July 2011
Departmental Proceedings and Criminal Proceedings can go parallelly and simultaneously. There is no bar as SC has rules this in the case of Capt.M.Paul Anthony V. Bharath Goold Mines LImited and also in the case of Sharma V. SBI.