Quash the charge sheet
Santhosh kumar
(Querist) 13 December 2018
This query is : Resolved
Respected Seniors,
A and B are Tasmac supervisors. one day night taught that the place was restaurant, they horned before the bunglow owned by politician. repeated sound of horn watchman of that bunglow opened the gate. when the two supervisors entered into that bunglow subsequently owner and watchman of that bunglow called police and questioned about their safety. Though A and B both are apologized, politician thinking that was a prestigious issue pressurized police to file FIR u/s. 452, 294b, 323 and 506(ii) IPC. Due to this both the supervisors were suspended from their service by their department still now. After remand and bail proceedings got over now the police altered the FIR only u/s. 447 IPC and filed the charge sheet before the MM court as Summary Trial Case. In that chargesheet also there are contradictions in the statement of defacto complainant. First hearing got over and ordered to proceed with trial. Though this is a compoundable offence , Both A and B accepted guilty then they will be terminated permanently. So they have no other way except to take the trial proceedings as per my view.
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet? whether will it be a good remedy for them to revoke their job?
2. Or can i file the discharge petition before the MM court?
3. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
4. If so in the compromise memo what should be stated to revoke their job?
may please guide as early as possible
Sudhir Kumar, Advocate
(Expert) 14 December 2018
At the outset it is clear that you are not thorough with saervice law.
1. If one is convicted then he is not terminated rather liable for dismissal. Refer Art 311 and connected provision of service rule.
2. Suspended employee has not lost his job yet and there is no question of revocation of the job. It is only a case of revocation of suspension and the department is free to revoke even during pendancy of the criminal case.
3. department has the power to initiate disciplinary proceedings without waiting for the outcome of the criminal case.
4. department also has the option to continue suspension and initiate disciplinary case unless they are exonerated on merits. SO you can think of future in compromise.
5. department also has the power to initiate disciplinary proceeding sif they have failed to report in writing about the bail and arrest (irrespective of the merit/outcome of criminal case)
Sudhir Kumar, Advocate
(Expert) 14 December 2018
reply to your specific questions is as under :-
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet? whether will it be a good remedy for them to revoke their job?
NO OTHER WAY
2. Or can i file the discharge petition before the MM court?
YOU CAN TRY
3. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
NOT POSSIBLE. POSSIBLE ONLY IF DEPTT IS EXTREMELY FAVORABLE OR THE OFFICIALS OF PERSONNEL DEPTT DO NOT KNOW RULES.
4. If so in the compromise memo what should be stated to revoke their job?
WHATEVER YOU MAY WRITE. COMPROMISE IS ADMISSION OF GUILT. IT IS NOT DISCHARGE ON MERIT.
