punishment to a govt. employee for ignoring circular

gopal dutt vyas (Querist) 13 June 2011 This query is : Resolved
an employee of government ignored directions issued by employer through general circulars for employees. can he be prosecuted in court of law ,treating this misconduct as criminal offense ? if yes, under which act or code ?

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Kiran Kumar (Expert) 13 June 2011
there may be an error on the part of employee and it could be unintentional.

so prima facie it can not be termed as an offence....but if it is proved that the employee took some gratification/ bribe to ignore the circular then certainly it is a case of corruption.

the department will consider his entire conduct and departmental proceedings may continue simultaneously.

PALNITKAR V.V. (Expert) 13 June 2011
it all depends on what was the circular and in what way the employee ignored it. But generally, such a kind of act invites departmental inquiry.

prabhakar singh (Expert) 13 June 2011
I agree with opinion rxpressed here in above.

Shailendra (Expert) 13 June 2011
General circulars to employees command general obedience/adherence to them. For violation of such circulars, there may or may not be a departmental action (unless one who is aggrieved appeals to the delinquent's superior). It is the discretion of his superior, in the absence of any specific provision for prosecution.

Guest (Expert) 13 June 2011
I agree with the above advices are correct on the point

R.Ramachandran (Expert) 14 June 2011
I am afraid, the querist has not come out with full facts. He is only trying to put some question in an abstract manner based on his own understanding of the issue and thereby trying to elicit answers. I refuse to believe that criminal prosecution has been launched just like that.
So long as the querist does not come out with the complete facts, i.e. the complete contents of the circular, and the nature of exact charge, the circumstances leading to the charge etc., it will be hazardous to give any view.