Disciplinary proceedings
Sanjeeta Tripathi
(Querist) 13 February 2018
This query is : Resolved
Government employee in jail from last three years under section 498A, 307 and 3/4 of Dowry prohibition act. government employee under deemed suspension and getting subsistence allowance. Now departmental proceedings are required to initiate against him under 3B and 13A of CCS Conduct Rules. what will be the procedure for departmental proceedings when employee in jail.
Vijay Raj Mahajan
(Expert) 13 February 2018
During the departmental inquiry, the presence of the employee shall be required before the department board and for that reason application should be moved in the court for allowing the convicted employee serving jail sentence in the jail to be allowed release on parole for the period the departmental inquiry is complete and his personal presence not required. The court order will help him out on parole for attending the departmental inquiry.
Guest
(Expert) 13 February 2018
@ Ms Sanjeeta tripathi,
In what capacity of the Government of India or the employment of the official you are concerned with the case? .
Guest
(Expert) 13 February 2018
Also, what is the status of the case under trial in the court of law?
Guest
(Expert) 13 February 2018
I also have some doubt about your concern with the instant departmental inquiry case, as the rules of procedure for holding of departmental inquiry are different than you quoted. Moreover, the inquiry officer is supposed to know the procedure to be adopted for departmental proceedings.
Sudhir Kumar, Advocate
(Expert) 13 February 2018
In this case a parole is least likely to be granted. Department has to issue a notification under section 4 of the Departmental Inquiry (Production of Evidence) Act whereby the IO gets the powers of a magistrate. Thereby he will order the Jail Authorities to bring him to his office for attending inquiry on specified date and timing each time he fixes hearing.
Guest
(Expert) 13 February 2018
@ Mr. Sudhir Kumar,
Please recheck your reply, as your interpretation of the Act seems to be wrong. You may probably find that the Act is not meant for the production of the accused for departmental inquiries, but for the production of witnesses and documents, as the same is named as, "Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act," NOT the 'Departmental Inquiry (Production of Evidence) Act.
