Criminal liability and official and criminal misconducts
mohanlal
(Querist) 16 December 2011
This query is : Resolved
1. I am a central government employee.
2. I got arrested in connection of a criminal case (498-A) by the police, on a warrant issued by the court against me, immediately after when I returned back to my residence from my office after discharging my duty.
3. I was detained in the police custody for more than 48 hrs.
4. The police informed the disciplinary authority (DA) of my organization about my arrest but the DA hadn’t made any attempt to bail me out, either on securities or otherwise.
5. Then I was taken to the state in which the FIR was lodged and the warrant was issued. Since I was totally new to that city I was sent to the judicial custody.
6. Then order of my suspension (deemed suspension because I was in police custody for more than 48 hrs. as per CCS (CCA) Rules) was served to me, with the acknowledgement of receipt, when I was in judicial custody. I the suspension order the DA also requested the SSP of that city, in which I was in judicial custody, that “the departmental identity card of shri XXX may please be withdrawn and sent to this office”.
7. Subsequently the SSP, without my consent withdrew the said ID card from my seizure and sent back to the said destiny.
8. When I came out from the judicial custody I was shocked by this act of SSP because that ID card was the only photo identity proof with me at that time and place. Since I had to come to my city and the mode of journey (2700 km) only available was either by air or through train in tatkal service for which the photo ID proof was must.
9. Somehow I managed to come to my city.
10. I came to know that my suspension was confirmed by the reviewing authority (RA) through an order in which I have been ordered “not to leave the headquarters (HQ) without prior permission from him”. This order was passed 25 days before my arrival to my city and it was not served to me for 45 days even when I came in my city at HQ.
Now my queries:-
1. Whether the DA had any vested power to order the SSP to withdraw my departmental photo ID card from my seizure when I was in judicial custody in an another city. Since in order to comply the said order of RA I must had to come to the HQ and for that the photo ID card was must.
2. Whether any criminal liabilities lies against any of the said authorizes 9DA, SSP, RA) and if yes then against whom?
3. Whether the SSP had any vested power to withdraw my said ID card from my seizure and sent back to the said office.
Guest
(Expert) 16 December 2011
Dear Mohan Lal,
I wonder, how you think that the Disciplinary Authority (DA) was supposed to get bail for you in your criminal case in personal and private capacity, not related to your duty in any way? Even had that been related to your duty, the DA was not obliged to get bail for you.
About, your Photo ID Card, since that was the property of your department, the authorities had the right to withdraw that any time through the police, when you were arrested. How do you think that the concerned Disciplinary Authority was obliged to provide you the Photo ID Card for your private purposes or to serve your convenience only. The photo ID card is provided by the employer only to enable the watch & ward staff or other units of the department to identify an employee to allow entry to the employee within the organisation and to allow him to work in the official premises.
Hope, you can find replies to your queries from the above reply.
No criminal liability lies on the DA/SSP/RA on account of such a matter as detailed by you.
Shonee Kapoor
(Expert) 16 December 2011
I agree with Ld. Mr. Dhingra.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 December 2011
Nothing remains to be added in the wise advice of Dhingra G.
mohanlal
(Querist) 17 December 2011
@ Shri Dhingra
With utmost respect I beg to differ from your opinion –
Once an accused got arrested by the police on execution of a warrant in connection with an alleged crime the judicial magistrate /Judge has only jurisdiction over the seizure of the accused because police executed warrant issued by the magistrate therefore the said act, particularly of SSP, was completely uncalled for and unwarranted. From the fact and circumstance, in totality, it also seems that the SSP did it with some mala fide intention and with ulterior motive.
Rest is ok!
A. A. JOSE
(Expert) 17 December 2011
I endorse your views. You may challenge this action. Rest of the points stated by Shri Dhingra ji are in order.
Guest
(Expert) 17 December 2011
Mohan Lal ji,
You need not beg to differ. You have the right to differ with my opinion. Probably you may be knowing much better than me.
But, I have just tried to apprise you about reality against your misconception about things and over-expectation from your employer.
I am not wrong in pointing out that the the identity card was the property of your department (not yours) and could be recalled any time by the DA.
However, if you think some malafide intention on the part of the SSP, you are free to take up the matter with appropriate authority withappropriate proof. But still, my opinion about the identity card would remain the same. I have not tried to restrain you from doing what you think proper.
I have merely replied the question you put forth about desirability of bail to be made by your disciplinary authority, when you stated "DA hadn’t made any attempt to bail me out," and the ID proof having not been allowed to you causing hardship to you in proving your identity during travel, when you stated, "since I had to come to my city and the mode of journey (2700 km) only available was either by air or through train in tatkal service for which the photo ID proof was must" AND "whether the DA had any vested power to order the SSP to withdraw my departmental photo ID card." I have simply stated that the ID proof has not been issued by your department merely for your convenience. I reaffirm that the DA was well within his right to ask the Police to withdraw the Photo ID proof from your custody that not being your personal property. If you feel otherwise, you can just take up the matter with the judge during your trial and get the order to restore your ID proof to you.
