Provision of reinstatement in service for a public servant if convicted....
Kamlesh Bansal
(Querist) 13 July 2012
This query is : Resolved
Provision of reinstatement in the service/Govt.job of a Public Servant if convicted by the Sessions Court/Lower Court and later conviction as well as sentence both were suspended/stayed by the appellate court/High Court considering the harsh consequences of conviction may result in disqualification to be retained in service/dismissal from service would be the unwanted hardship faced by the appellant. Appellate Court also considered the appeal as one of the rare cases while suspending the order of Conviction and sentence till the pendency of appeal before the appellate court.
Kindly provide your answer/s along-with some citations from Supreme Court of India as well as from High Courts too...I would be fervently waiting for your responses and grateful to all of those....
Guest
(Expert) 13 July 2012
Dear Bansal,
Remedies is never common to all the ills pertaining to one topic. Your generic question would need to write a very long essay or even a thesis on the provisions of suspension, dismissal, reinstatement with reference to the court case unless you write your specific problem with particular reference to the background of your suspension and the present status of your service.
Citations also differ, as depend upon circumstances and backgrounds of each individual case. Hundreds of citations can be there but with different positive and negative decisions depending upon the circumstances of the cases.
So, nobody would like to waste a lot of time, rather number of days in making research and then write an essay/ report/thesis on the question of general nature, which you have put here.
So, better make a mention of your specific problem along with its background, which you actually face, to find the correct solution.
Kamlesh Bansal
(Querist) 13 July 2012
Respected Sir, I am highly obliged seeing your valuable reply. I will send an email to your id in detail. Once again I am thankful to you.
Kamlesh Bansal
(Querist) 13 July 2012
Respected Sir, I am highly obliged seeing your valuable reply. I will send an email to your id in detail. Once again I am thankful to you.
R.K Nanda
(Expert) 14 July 2012
No more to add.
Kamlesh Bansal
(Querist) 14 July 2012
Respected Sh. Nandaji, I am thankful to you sir.
Sudhir Kumar, Advocate
(Expert) 15 July 2012
Mr Dhingra has expressed exactly what I wanted to say. You have said "Please find out the appropriate answers with some citations from Supreme Court of India as well as from High Courts too". It is a command to do a research.
This is a forum wher epoeple can get chartiable advise. You have to specify the problem.
Kamlesh Bansal
(Querist) 15 July 2012
Respected Sh. Sudhir Kumarji,
First of all I would like say thanks to you and all the dignitaries, who paid their kind attention, valuable time and replied significantly regarding my query. Now I would like to clarify that I have neither tried nor my intention was to command anybody here. I know the noble cause and respected objective of the forum very well. In spite of that if unknowingly I made any mistake kindly excuse me.
It is a matter of vast research and proper analysis. I just joined this well managed group and tried to put doubts as per my meager capability and Insignificant knowledge.
I will surely put my query with all the details and in a specific manner soon.
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Thankful to all,
Kamlesh
Guest
(Expert) 15 July 2012
Of course, I would like to endorse the views of Shri Sudhir Kumar, as the language used by Mr. Bansal is quite commanding, as if he was directing this community to start finding the solution and citations and serve to him.
Kamlesh Bansal
(Querist) 15 July 2012
The Most Hon'ble dignitaries of this Hon'ble group(Sh. PS Dhingraji and Sh. Sudhir Kumarji and others also) and Hon'ble my-lords,
I have already submitted my apology then why once again my query is being criticized? If I am not wrong, I can understand very well that if any one is not interest to pay/ waste their valuable time to answer free of cost or not able to answer the query properly take these steps. Kind don't take it otherwise. Criticizing for no reason is a bad habit.
My lord, I am not a learned Counsel/ lawyer/ advocate, who knows or get trained, how to present myself before the Hon'ble Court or the Hon'ble Judges? I only tried to put my query in well respected manner, if it has pricked or hurt any respected/ the hon'ble members, kindly consider clemency for me, I am urging you with my folded hands.
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yours sincerely,
Kamlesh
Sudhir Kumar, Advocate
(Expert) 15 July 2012
My dear come with the query.
The following facts will be relevant :-
(i) Whether it was a trap case.
(ii) Whether dismissal was on account of paralell depttl proceedings or simply on account of conviction.
(iii) The ground on which the Appellate Court has while suspending the sentence held the case to be rare.
Guest
(Expert) 15 July 2012
Dear Bansal,
Thanks for your valuable advice as you stated, "Criticizing for no reason is a bad habit."
In fact, you need to review your own language. Officers authoritative language can't benefit you everywhere, specifically outside office and more specifically when you are in the need for some help.
Kamlesh Bansal
(Querist) 15 July 2012
Most Hon'ble dignitaries,
I am feeling highly honoured once again Hon'ble Sh. Sudhir Kumarji and Hon'ble Sh. Dhigraji .
There is a natural system in the world of human civilization in practice of well Civilized human society since millions of years, in which, if once somebody accepts their mistake and apologies for it with or without any fault and also unconditionally, despite of that, it's a true human behaviour that instead of accepting his humbleness, just carry on criticizing again and again, so that one would have to feel embarrassed and lonely and again for no reason.
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yours sincerely,
Kamlesh
Kamlesh Bansal
(Querist) 15 July 2012
The Hon'ble Sh. Sudhir Kumarji,
I am grateful to you for your reply.
I would like to answer in accordance with your points of observation related to the matter, whatever I could be able to understand.
These were your points relevant...
(i) Whether it was a trap case.
(ii) Whether dismissal was on account of paralell depttl proceedings or simply on account of conviction.
(iii) The ground on which the Appellate Court has while suspending the sentence held the case to be rare.
(a) About the point no. (i), I am not able to understand this point that whether it was a trap case? Kindly guide me to understand it
(b) About the point no. (ii), The dismissal form service was only on account of conviction by the Court in a criminal case but not in a corruption case. There was no department enquiry done as per my knowledge because no separate charge-sheet had been made and handed over to the employee except issuing the memorandum in which they asked the employee that why the penal action should not be taken against him when the Court has convicted him in the criminal charges/act, which led to his conviction? That memorandum was issued long after verdict of lower court, when few representations sent to the department for reinstatement in the service by the employee.
(c) About the point no. (iii), The Hon'ble High Court has considered the merits of the case and also considered the criminal case as one of the rare cases/ exceptional, in which the Court should intervene and suspend the conviction otherwise consequences of the conviction may result into disqualification of the appellant to be retained in the service.
I would be grateful for your guidance further to resolve this matter and for kind attention.
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Thanks & regards,
Kamlesh
Sudhir Kumar, Advocate
(Expert) 16 July 2012
Trap case is the one in which the accused isarrested taking bribe, red-handed.
When a particular sentence is suspended then its consequences also do stand suspended but that does not cause reason to recall dismissal. He can at the most plead to be back as suspended employee. No positive rule position in his favour. He should not get relieve without going to court for this.
Much will depend on exat wording of thehigh court in giving interim relief. You may contact nearest availabel service law advocate.
If he comes back the deptt is not barred agaisnt initiating seperate disciplinary action.
Kamlesh Bansal
(Querist) 16 July 2012
Respected Sh. Sudhir Kumarji,
I am obliged once again and always grateful to you.
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Thanks & regards,
Kamlesh
