Govt officer having criminal case going on
Amit
(Querist) 07 September 2014
This query is : Resolved
I know one govt. officer who is having a criminal case going on against him (as an accused for murder, cheating and rampering with evidences etc U/s 498A, 302, 304(3), 201, 202 IPC). He has been exonerated by the Sessions Court but the petitioner has filed appeal in High Court and the High Court has admitted the appeal for final hearing. During the period of trial in Sessions Court, the Govt Officer was suspended, but his supension was revoked and he was re-instated in service after being exonerated by the Sessions court. Now, his case is going on in High Court.
My query is whether that Govt Officer ca continue in active govt service while the criminal case is going on against him in High Court, or should he be suspended again till a final decision is given by the High Court.
Thanks in anticipation
Kumar Doab
(Expert) 07 September 2014
Suspended again.
Amit
(Querist) 07 September 2014
I want to enhance my general knowledge (by knowing the relevant rules) as I am also a part of the organisation where the concerned govt. officer is working. The case has not only interested me but I also want to perform appropriate while dealing with him.
Kumar Doab
(Expert) 07 September 2014
Read Rules and improve your knowledge.
Sudhir Kumar, Advocate
(Expert) 07 September 2014
you are still not clear. Such questions are not asked in any GK examination if you are preparing.
Are you dealing with the case?
Please come with facts:-
(i) whether he is accused on merit on procedural ground?
(ii) whether there is any stay on the acquittal.
Amit
(Querist) 07 September 2014
Yes, he is accused on merit on procedural grounds as he allegedly tampered with legal documents of a medicolegal case to benefit the accused party in a dowry death matter. He was acquitted by sessions court and the petitioner approached the high court and appealed against the session court's verdict. The high court admitted the case and its hearing is going on. However the accused/govt officer is still in service and supervising officer for the main witnesses of the case against him (with potential to influence those witnesses).
Sudhir Kumar, Advocate
(Expert) 07 September 2014
read the whole judgement.
Be clear in mind whether he has been acquitted on procedural grounds?
If so examine feasibility of disciplinary action against him based on the wording of the judgement.
Rajendra K Goyal
(Expert) 08 September 2014
Let the decision from appellate court come.
Amit
(Querist) 08 September 2014
But what is the remedy till the decision from court comes? The officer is continuing as supervisor for the staff/witness in the case against him, with risk of he influencing those witnesses. The deptt. has taken no precaution on this account.
Isaac Gabriel
(Expert) 08 September 2014
Unless pronoumced guilty,the dept., need not take cognizance of a private case.
Amit
(Querist) 08 September 2014
It is not a private case, but a medicolegal criminal case involving the govt. officer as well as the concerned govt. deptt. (hospital) and the petitioner has also duly informed the deptt. for taking necessary action (esp. to keep the accused govt. officer out of the administrative capacity of supervising those staff who are witnesses in the case against him) but the deptt. has been silent to take any action, with the risk of witnesses being influenced. My query is simple and straightforward as ti whether the deptt. is supposed to either (1) suspend the accused govt. officer (being a criminal and not civil case), or (2) transfer him to a non-supervising capacity (as a precautionary measure to prevent him from influencing the subordinate staff/witnesses), or (3) allow him to continue in the same post?
Sudhir Kumar, Advocate
(Expert) 08 September 2014
I am sorry. Alas I could agree with Mr Gabriel.
One is presumed innosent till proved guilty but in service matter it is always othe way round. One is presumed guilty till proved innocently.
It is 498a case which is categorized as as CAW. It is against conduct rules. Deptt is justified in initiating disciplinary action even if the accused has been acquitted by the court of law.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
POINTS RAISED BY QUERIST NOW
(1) suspend the accused govt. officer (being a criminal and not civil case), or
ANS ; WHETHER ACCUSED BEING ON DUTY TAMPER WITH THE EVIDENCE OR INFLUENCE WITNESSES
(2) transfer him to a non-supervising capacity (as a precautionary measure to prevent him from influencing the subordinate staff/witnesses), or
ANS : IT IS NOT A CORRUPTION CASE ALLEGATION
(3) allow him to continue in the same post?
ANS ; DEPTT MAY OR MAY NOT DEPENDING UPON TOTALITY OF CIRCUMSTANCES
malipeddi jaggarao
(Expert) 08 September 2014
The lower court already acquitted him of the charges. How can he tamper the records and influence the witnesses as the appeal lies with High Court. If he is found guilty with appellate court, then the department will take necessary steps. otherwise, it will have to pay full salary if the High Court strikes down the appeal.
Sudhir Kumar, Advocate
(Expert) 08 September 2014
I repeat
read the whole judgement.
If so examine feasibility of disciplinary action against him based on the wording of the judgement.
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
The witnesses will not be examined again in the appellate court so there is no question of influencing the witness. It is an appeal and not a fresh trial. The officer was cleared of all charges in the lower court, if the petitioner has preferred an appeal it is against the judgment and not against the reinstatement of the employee into his employment. Wait for the outcome of the appeal.
Sudhir Kumar, Advocate
(Expert) 11 September 2014
I repeat
read the whole judgement.
If so examine feasibility of disciplinary action against him based on the wording of the judgement.
