Rompalli V.B. Swamy (Manager HR) 10 November 2023

Challenging a showcase - challenging validity of gps tracker

One Week agao we have issued a showcause notice to a Driver whom a third party GPS tracker vendor accused as stealing 20 Ltrs of Diesel from return piple while vehicle was running with proof of GPS tracker location images on graph and a confirmmation mail that he only stolen it.

He has approached an advocate and replied that he has nevery commited any mistake and says HR has fabricated fake evidences and completely false proofs of GPS tracker which canot stand in front of law.

Where as i strongly believe that as per IT Act and Evidence Act electronic device report is very much valid and as part of Disciplinary proceedings, can we conduct a Domestic Enquiry and issue a chargesheet / suspension / termination.. please suggest on URGENT basis.

Thank you.

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Quick Summary

An employee is challenging a showcause notice regarding alleged diesel theft, claiming fabricated GPS tracker evidence. The employer believes electronic evidence is valid under IT and Evidence Acts and wants to proceed with a domestic enquiry, suspension, or termination. Advice is sought on the validity of GPS tracker data in disciplinary actions and departmental enquiries, considering that strict rules of evidence may not apply, but the authority must determine if a prima facie case exists.

5 Replies

T. Kalaiselvan, Advocate (Advocate) 10 November 2023

In department disciplinary enquiries the law of civil procedure code or any other relateed law need not be followed very strictly.

Strict rules of evidence are not applicable to a Departmental Enquiry.

There is no prejudice caused to anyone if the case diary is placed on record. The case diary which is shown as exhibit in the application by the petitioner shall be exhibited as a document in the departmental enquiry.

Further, in a departmental proceeding, there is neither any prosecution nor any conviction by a Court of Law.

Therefore, a public servant who has been punished for an official misconduct in a departmental proceeding may still be subjected to a criminal prosecution if the misconduct alleged is also a criminal offence.

1 Like

Sudhir Kumar, Advocate (Advocate) 12 November 2023

No details are given so no concrete view can be formed.

RVBS Pataik 16 November 2023

Thank you sir.

T. Kalaiselvan, Advocate (Advocate) 16 November 2023

You are welcome for your appreciations

P. Venu (Advocate) 17 November 2023

Electronic evidence could be made use in departmental proceedings. However, it is for the concerned authority to decide whether proof available constitutes a prima facie case.

Please note that it is not lawful for terminate the employee following the due process.