Cat procedure - reg.
sakthi
(Querist) 17 October 2015
This query is : Resolved
I am a Central Government servant. Three of us were placed under suspension for a criminal case. All the three were acquitted from the criminal case. However, the Disciplinary Authority has refused to regularize the suspension period. All the three were filed before CAT bench at Hyderabad. One of us is at Hyderabad and taking care of the case at CAT. The case was also numbered. On verifying the cause list of CAT it was found that the case is posted before Registrar "for completion of pleading". The Respondent counsel name was not mentioned. What does it means? Whether our application is still with Registrar for scrutiny even after allotment of OA No. Whether Registrar himself can call for reply version from the Respondent directly? Please enlight me in the matter.
Anirudh
(Expert) 17 October 2015
Till the reply is received from the Respondent, and thereafter till rejoinder, if any, is received from the Applicants, the case will be handled at the level of Registrar. Only when the reply is received and rejoinder if any is received, then the pleading in the case gets completed and becomes ready for hearing by the Court.
sakthi
(Querist) 18 October 2015
Thank you very much Shri Anirudhji.
P. Venu
(Expert) 18 October 2015
Yes, the matter will be placed before the Bench once the written statement is filed.
By the way, was the acquittal on merit? Please note that the departmental action is still possible depending upon the charges involved and the grounds of acquittal.
sakthi
(Querist) 19 October 2015
Sir,
Acquittal order after a full trial and no appeal was filed by the prosecution. The prosecution has even given a written communication that they were not preferring any appeal. The department has not issued any charge memo till date though the incident took place in 2008.
P. Venu
(Expert) 19 October 2015
If the reply is unnecessarily delayed you may filing an MA foe expedite disposal. That would bring matters back to the Bench.
K.S.Srinivas
(Expert) 19 October 2015
I agree with Sri P.Venu.
Guest
(Expert) 22 October 2015
Acquittal order may be after a full trial, but the accused should have been honourably acquitted, as per the judgment. You have not clarified on that issue.
Moreover, please intimate what was the background of institution of a criminal case, whether was a cbi case under pc act or otherwise?
sakthi
(Querist) 23 October 2015
Shri PS Dhingraji, you may agree that "honourable acquittal" is unknown to Criminal Law. When the prosecution fails to prove the guilt, the benefit of doubt shall always be passed to the accused and the accused is not asked to prove his innocence when prosecution fails to prove the guilt beyond reasonable doubt. Our case is a peculiar one wherein the CBI has conducted a surprise check and alleged that we were receiving bribe from one the visitors to our office. Ourselves and visitor both were arrested and later the visitor was made as an approver. There is no preliminary enquiry or General Diary entry by the CBI. No permission was obtained by the CBI from any court for surprise check. Infact, the FIR was registered only after arrest of us. The court has recorded the judgement as the prosecution has failed to prove the guilt beyond reasonable doubt and therefore the benefit of doubt is extended to accused and acquitted. The case has not been dismissed for lack any procedural lapse. It has weighed the evidence produced by the CBI and evaluated the witnesses and ordered for acquittal. Please clarify the issues which determines the "honourable acquittal".
P. Venu
(Expert) 24 October 2015
Perhaps, the right term is not "honourable acquittal' but 'acquittal on merits' than on 'benefit of doubt'. In the latter case, the Government still has the option to initiate or continue with the disciplinary proceedings. The principle involved is that unlike a criminal proceedings, the degree of proof required is that of preponderance of probability.
Having said that, the competent authority is required to expeditiously decide on the question of initiating or continuing with the disciplinary proceedings, once the Government servant has been acquitted in the disciplinary proceedings.
You have rightly approached the CAT. The respondents are required to file the reply within one month of the service of notice. The current practice in Hyderabad Bench is that a copy of the OA served on the Standing Counsel while filing. As such, the Notice stands waved. You may refer to the provisions of CAT Procedure rules.
sakthi
(Querist) 24 October 2015
Much obliged Shri P. Venuji.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
