Concealing criminal case and retirement on superannuation

Balaji Bakthavathsal (Querist) 09 September 2021 This query is : Resolved
A Govt. Servant got convicted and sentenced to undergo Simple Imprisonment for one year u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. in 2014 by the trial court which was confirmed by the next appellate court in the year 2017.

However, the govt. servant concealed the fact, continued in service and got retired on superannuation on 30.04.2018.

What could be the course of action that could be taken on the retired govt. servant ?

Please quote the citation, if there is any.

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Quick Summary

This discussion explores the consequences for a government servant who retired on superannuation after being convicted of a criminal offence. The conviction, upheld by appellate courts, involved imprisonment and compensation. Questions arise about the employer's knowledge and ability to take action, especially if the conviction wasn't disclosed. Expert opinions suggest that concealment is a misconduct and jail authorities should inform employers. However, if the conviction or punishment was stayed, it might not impact retirement benefits.

kavksatyanarayana (Expert) 09 September 2021
If the Government servant is imprisoned for one year, then either the court or the Police should have been informed the same to the Department concerned (Employer/Disciplinary Authority). If not done either by police or court, how can the Employer/Disciplinary Authority take action against the employee?

Dr J C Vashista (Expert) 10 September 2021
Well analysed, opined and advised by expert Mr. Kavksatyanarayana I endorse and appreciate.
To add to above an employee lodged in jail for 48 hours and more has to be compulsorily suspended and departmental inquiry shall be instituted by disciplinary authority.
Concealment of the fact is another misconduct on the part of employee.
Jail authorities are duty bound to inform employer of convict.

P. Venu (Expert) 10 September 2021
The facts posted suggest that the decision of the appellate court is under challenge and the punishment/conviction has been stayed. In other words, the employee (now retired) has never undergone any imprisonment. If so, the conviction is a non-issue and has no impact on his retirement benefits, including pension.

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