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Suppression of facts

(Querist) 28 January 2014 This query is : Resolved 
An employee submitted false claim for availing LTC benefit by not disclosing the death of his wife and got the benefit of LTC payment. Later on it is revealed that his wife died prior to the availing his LTC claim. Now Management has taken serious view and issued charge sheet. Enquiry constituted . What type of punishment to be imposed and the quantum of punishment with case reference.
Devajyoti Barman (Expert) 28 January 2014
Refer to the Service Rule regarding punishment in similar circumstances.
Case laws are not medicine that on every case one case law would be applied.
Guest (Expert) 28 January 2014
It is not a case of suppression of facts, but misuse of LTC facility with dishonest motives. Suppression of facts is no so serious as the case of misuse of LTC facility/ However penalty depends upon the Disciplinary Authory how serious he takes the offence. If not defended the case properly, a penalty of dismissal or removal from service is usually awarded on proof of misuse of LTC facility.
Isaac Gabriel (Expert) 29 January 2014
Repay the claim and seek pardon so as to avoid drastic punishment as quoted by Dhingraji
Sudhir Kumar, Advocate Online (Expert) 29 January 2014
In such case any punishment less than removal from service will be misuse of justice, if the charges are proved.

This is not only fraud rather cool heade3d fraud.
malipeddi jaggarao (Expert) 29 January 2014
I fully agree with expert Mr.Dhingra. The punishment will be dismissal.
Even if you pay back the claim and beg pardon, the capital punishment can be imposed.
In this case what defence one can have Mr.Dhingra except begging pardon.

It is a proof of malafide intention. No organization will excuse for such action. If some organization excuses, the decision is questionable.
Rajendra K Goyal (Expert) 29 January 2014
Well advised by the expert PS Dhingra ji, punishment under major penalty is attracted. Exact punishment depends upon the disciplinary authority.
Kumar Doab (Expert) 29 January 2014
The misconduct and punishment for misconduct is well defined in standing orders, service rules.

Termination is imminent.

Such employees give opportunity to employer to set example and deter other employees.

Chances of pardon seem to be negligible.
Guest (Expert) 29 January 2014
Jaggarao ji,

Begging pardon can never be claimed to be a defence. That is only begging for mercy on confession about offence. Route of pardon can be adopted if he has committed fraud intentionally and he fails to find any other route of escape.

Defence cannot be determined or suggested merely on the basis of a very small description given by the querist. No single factor can be the basis of defence.

Defence in any case depends from case to case basis. There can be several clues of defence depending upon the laspses on the part of the administration/ management/ accounting flaws, inquiry process, documentary evidence, oral evidence, etc., Defence can be planned or suggested only after examination of the charge sheet, other related documents and additional information provided by the charged official.

So, it would be fatal for the employee, if someone suggests some sort of defence without examining his papers and circumstances under which he committed offence.
Sudhir Kumar, Advocate Online (Expert) 29 January 2014
I agree with Mr Dhingra. For deciding line of defence entire circumstances and papers need to be seen.


Sudhir Kumar, Advocate Online (Expert) 29 January 2014
I tend to partially disagree with Mr Kumar Doab.

In this case Termination is very simple and not sustainable and it is also not in list of penalties.

In such case any punishment less than removal from service will be misuse of justice, if the charges are proved.
malipeddi jaggarao (Expert) 29 January 2014
Yes Mr.Sudhirji, in this case where is the question of disapproval of the charge as the author confesses that he claimed LTC for his wife after her death?
R.V.RAO (Expert) 30 January 2014
case of wilful-mis use of an employment benefit resulting in undeserving cash benefit. am sure the service /conduct rules of every organisation provides how to deal with it. charge sheet is given after framing charges. employee will be asked to explain his misconduct.action will be taken as per code of conduct.in my view termination of empl.may not take placeunless stipulated in code of conduct/service rules or manual.
money recovery/serious warning / adverse noting in employee's confidential records/transfer to an far off /punishment location etc...
Sudhir Kumar, Advocate Online (Expert) 30 January 2014
@ Mr M Jaggarao

every charge is deemed proved only after inquiry procedure. Although in LTC cases the charges are writ large but still procedure will be followed failing which penalty can fall in court.
Sudhir Kumar, Advocate Online (Expert) 30 January 2014
@ Mr RV Rao

Termination of services is not applicable in this case as it is not a punitive action and administrative action and cannotbe taken in case of specific misconduct.

The penalties in case of dispclinary proceedings are :-


(i) ensuere
(ii)recovery of loss
(iii)stoppage of increment
(iv) stoppage of promotion
(v) reduction of pay
(vi) reduction to lower post or time scale
(vii)compulsory retirement
(viii) removal
(ix) Dismissal from service

General first four penalties are not awarded in case of LTC misuse.
T. Kalaiselvan, Advocate (Expert) 01 February 2014
I agree with the experts opinion particularly Mr.Sudhir. Generally, on admission to commission of offence, the Management/administration may take a lenient view, in case the reported incident to be first of its nature by the offender, namely: Censure with recovery of loss, stoppage of increment, reduction pay or rank or De-promotion to lower grade etc., provided the employee has an unblemished past records, but again it depends on the decision/discretion of the competent authority
Kumar Doab (Expert) 01 February 2014
Learned experts have given valuable advise.

The employee has claimed LTC for a dead person and that too none other than his wife.

He must have performed last rites of dead wife.

He can not claim that he had illusions that his life partner was still with him: travelling , eating, walking, chatting with him……………………..

The intention of the delinquent employee and scope of administrative action shall be loudly visible to inquiry officer and disciplinary authority.The competent authority may have temptation also to deter other employees……………

As rightly suggested by experts it is better to show all records and documents to a competent and experienced counsel well versed with such matters, ASAP.
Sudhir Kumar, Advocate Online (Expert) 01 February 2014
generally in case of integrity the penalty of censure cannot be expected.

penalty of recovery of Govt loss also does not apply in this case.

When fraud is detected (even after passing claim) the recovery of LTC is administrative procedure (by DDO )and no punitive procedure is there required there. Such recovery will be there irrespective of whatever penalty is there.


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