498-a is can be involes moral turpitude ?
bhavesh kumar
(Querist) 24 July 2016
This query is : Resolved
Sir, I am government servant. My wife has done 498-a but immediately I have taken anticipatory bail and charge sheet has been filled and charge is yet to be framed. My dept. Stopped yearly bonnus by declaring that I am involves in moral trupitude case. Before framing of charge person can be said convicted? Pl. Quote judgement in this regads
Devajyoti Barman
(Expert) 24 July 2016
this is no act involving moral turpitude.
So you challenge the decision of department in Administrative Tribunal.
Judgments are not supplied here.
Kumar Doab
(Expert) 24 July 2016
Is it in writing?
Is it by a speaking order?
Have you represented in writing?
Rajendra K Goyal
(Expert) 26 July 2016
Author need to reply the questions raised by the expert.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
bhavesh kumar
(Querist) 27 July 2016
Doab sir, yes it is in writing memorandum issued to me and my incentive has been stoped. So pl. Quote judgement or phone number
bhavesh kumar
(Querist) 27 July 2016
Goyel Sir,yes it is in writing memorandum issued to me and my incentive has been stopped. So pl. Quote judgement or phone number
Kumar Doab
(Expert) 28 July 2016
In your first post it was:"My dept. Stopped yearly bonnus by declaring that I am involves in moral trupitude case. "
In your last post it is:"my incentive has been stoped."
Yearly bonus and incentive might be entirely different.
As per you since a memo has been issued, it shall be better to show all relevant documents and rules etc on record to a very able counsel specializing in service matters and proceed further under expert guidance.
Sudhir Kumar, Advocate
(Expert) 25 December 2016
The department was free to institute disciplinary proceedings against you without waiting for the court verdict and can do so even if you are acquitte3d (depending upon wording of acquittal)
Allegations under 498a (other than criminal acts) are also professional misconduct for govt servant.
This decision of the deptt would be valid and legally tenable.
However there is no provision for stoppage of bonus. You have probably not met a higher officer.
Kumar Doab
(Expert) 25 December 2016
Check in your office, incentive circular, salary slips..................
Incentive is paid under Salary.
For Bonus act on advise of Mr. Sudhir Kumar.
Sudhir Kumar, Advocate
(Expert) 26 December 2016
You can act on my advise on bonus.
but
have to remember.
given facts indicate that the criminal case is not closed on merits and only the complainant agreed to withdraw. You are not acquitted on merits (atleast as appearing from given facts).
the deptt has an option to initiate departmental proceedings on the same facts and witnesses which were there in the criminal trial.
SO better not to compel deptt to know about their rights while processing your rights.
You may not end up chopping hand to ward off a fly sitting on it.
Kumar Doab
(Expert) 28 December 2016
Mr. Sudhir Kumar has said enough in one line:
” You may ….. end up chopping hand to ward off a fly sitting on it.”
It is rather time to remain gentle and amiable and come out of litigation and dept. proceedings and action.
I am sending you a few links.
Instead of acting in haste and confronting everyone (verbally/in writing) show the Service Rules, Conduct and Discipline Rules, all communications etc to a very able counsel specializing in labor/service matters and spend quality time with your counsel.
Act under expert guidance of your counsel.
