punishment
Advocate Abhijeet singh
(Querist) 14 February 2011
This query is : Resolved
sir greeting of the day
sir a person is in govt department and head of internal audit team, once a time when he and his audit team autited any branch of head office he did not captured the Emmbazalement of rs 40000/- done by cashier and on same time a other party also did same not capture 100000/-.
now Head office given punishment to both 1.in second case punishment is 10% of emmbezalment deposite in department that is 10000/-
2. IN ist case 2 increment wiht future effect stop that one is 1000/- means upto retainment thats apporimate till retairmnent 500000/
what we do now
R.Ramachandran
(Expert) 14 February 2011
There cannot be any comparison between different cases.
Advocate Abhijeet singh
(Querist) 14 February 2011
sir there is same type of offence than accourding to artical 14 equity should maintane.
R.Ramachandran
(Expert) 14 February 2011
Even in the same offence, if several persons are accused, the punishment can differ. In this case, there is no offence committed by any of you. It is omission to do the duty. Depending upon the facts and circumstances, the punishment can differ. But one thing is sure, asking a person to deposit 10% of the amount involved as punishment is unheard of in the Administrative jurisprudence. But that does not give you any right to equate some other case with that of yours and seek similar punishment. Put the reverse, in case the other person had been dismissed from service, only a lesser punishment had been awarded to you, would you say that you should also be dismissed as both of you committed similar type of mistake - though in different cases?
Guest
(Expert) 14 February 2011
Dear Abhijeet,
You could better have submitted your appeal to the prescribed appellate authority justifying your case on merits.
The question however remains, when the internal audit team is required to make audit of 100% transactions, how the transactions of embezzlement could get out of sight of the team? Concerned auditor could have been made responsible for omission.
Another question arises, was the head of team also required to go through 100% of the transactions, as per the Internal Audit Manual or the Instructions of the organization, as the case may be? I don't think, the head of the team is required to check 100% of record. Only fixed percentage or the random check may be prescribed for him. So, better check what the provisions of the Internal Audit Manual of your organization says before submitting an appeal?
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Amit Minocha
(Expert) 14 February 2011
agree with MR Ramachandran
Advocate Abhijeet singh
(Querist) 15 February 2011
thanks sir all of them
now tell me that,,
should punishment higher than error of negligency of duty
Advocate. Arunagiri
(Expert) 15 February 2011
Those two are different cause of actions.
You have to prove that the error of negligence of duty during the departmental enquiry.
Guest
(Expert) 15 February 2011
Hi Abhijeet,
I agree with Arunagiri in reply to your supplementary query. Send appeal to the Appellate Authority pointing out the error. If the appeal time is already over, must send a petition to the Reviewing Authority. If the concerned authority does not agree only then file a case in the CAT, so that the case may not get rejected with the reason that you have not exhausted the normal channels.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
M V Gupta
(Expert) 18 February 2011
Mr. Dhingra has rendered a comprahensive advice. Follow it. File an appeal. If the time limit for filing the appeal is over you may file it with an application to condone the dealy by giving cogent reasons for the delay.
