Departmental procceeding
Rajeev Kumar
(Querist) 02 February 2014
This query is : Resolved
If any central govt. Servent is an accused in criminal case then can departmental procceeding be initiated against him if yes under which rule.
Advocate. Arunagiri
(Expert) 02 February 2014
Just because a Govt servant is accused in a criminal case, other than PC Act, no departmental proceedings can be initiated against him.
Rajeev Kumar
(Querist) 02 February 2014
Sir, the person is accused u/s 498(A), 323, 313, 307, 34 of IPC. Isn't it a case of moral turpitude and as far as i am concerned a person engage in a case of moral turpitude then departmental procceeding can be initiated against them. Please provide your valuable advise.
Sudhir Kumar, Advocate
(Expert) 02 February 2014
When a Government Servant is accuse din a criminal case and facts of the case also disclose some departmental misconduct.
He can be (can be) subject to departmental proceedings, without waiting for the outcome of the court case, regardless of the stage where the court case is, or even if acquitted of criminal case on technical grounds.
498a allegation is dowry demand and is a departmental misconduct.
Sudhir Kumar, Advocate
(Expert) 02 February 2014
for further advise please post full facts of the case
or
refer to earlier queries made by you on this issue.
Rajendra K Goyal
(Expert) 02 February 2014
Departmental proceedings can be initiated, it is apart from criminal proceedings. Agree with the expert Sudhir Kumar ji.
Guest
(Expert) 02 February 2014
Irrepective of a court case, the department can initiate disciplinary proceedings on misconduct and moral turpitude issues against the Government servant after due investigation.
