Promotion of Government Servant under criminal investigation.
Querist :
Anonymous
(Querist) 03 March 2011
This query is : Resolved
Dear Sir,
I want to know whether promotion of a Govt. Servant under any criminal investigation not involving moral turpitude (such as IPC 279 & 338) are subjected to "Sealed envelop procedure"?
Also, after completion of the criminal investigation under IPC 279 & 338, if a govt. servant is given some minor penalty, whether the recommendations of the DPC (put in sealed envelop during the case) will be acted upon?
Regards,
R.Ramachandran
(Expert) 03 March 2011
Yes. Sealed cover procedure would be adopted in such cases.
However, if any punishment (whether minor or not, including censure) is imposed then the sealed cover will not at all be opened. The officer will be considered only in the normal course whenever next DPC is held.
Guest
(Expert) 04 March 2011
Your query seems to be incomplete in so far as it is not clear what is the link between criminal investigation by police and minor penalty by whom, whether by the court of law or the employee's department.
Unless there is a case of arrest and custody of the employee for more than 48 hours by police and the matter about that is reported to the concerned department leading to subsequent suspension of the Government servant,
OR
a charge sheet is issued by the department in any case as a matter of disciplinary proceeding--
NO sealed cover procedure is adopted.
So, please intimate:
1) Whether the Government servant remained in Police custody for more than 48 hours;
2) Whether the minor penalty, which you referred, was awarded by the court of law, or the employee's department?
3) Whether any charge sheet was issued by the concerned department to the employee consequent upon which a minor penalty was issued to the Government servant?
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
