Departmental proceedings

Kuppan.K.S (Querist) 03 August 2015 This query is : Resolved
Whether departmental proceedings already initiated can be continued after removal of the employee from service?

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Guest (Expert) 03 August 2015
Please discuss the facts fully. Have you been removed from service? If so with what reason, whether after issuing charge sheet and going in to the process of departmental inquiry or as a result of prosecution in a court case?

Rajendra K Goyal (Expert) 03 August 2015
Academic query, state facts.

Kuppan.K.S (Querist) 03 August 2015
Sir, removal is consequent to prosecution in a court case.

Guest (Expert) 03 August 2015
What are the contents of the order of the disciplinary authority on removal from service aand under which rule of which conduct discipline and appeal rules?

Kuppan.K.S (Querist) 03 August 2015
Removal of service is by invoking Rule 19 of CCS (CCA) Rules. Provision of appeal before the App. authority is there. But the departmental inquiry initiated before the order of trial court but proceedings yet to start. In that situation, whether dept. inq. can be conducted?

Guest (Expert) 03 August 2015
Mr. Kuppan,

Departmental proceedings, if already initiated during service time of the employee can be continued even after removal of the employee from service in another case, as the proceedings has to be finally concluded with decision of the competent authority. The proceedings cannot automatically be stopped on removal on account of judgment in another criminal case. However, if the proceedings do not lead to the penalty of dismissal, that may not have any effect on the penalty of removal made already in connection with a court case.

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