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ramavenu   12 January 2015

Criminal case against central govt. employee

Respected Members kindly clarify the following query:

An employee working in Defence Ordnance Factory as a technician (Permanent Employee) against whom a charge sheet has been filed for Criminal Conspiracy, Criminal Breech of trust, forgery, cheating etc. & is on AB.

My query is what action will be taken by his employer against him if:

1. The said employee has not informed his immediate superior about his release on Bail.

2. His employer comes to know about  his bail through some other source.

3.  The employer gets a copy of Charge sheet.

4. Also please let me know under which Code of Conduct  his employment is covered.

Thanks in advance.

Rama V



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     15 January 2015

1. The said employee has not informed his immediate superior about his release on Bail.

ANS : HE IS ENTITLED FOR DISCIPLINARY ACTION BECAUSE OF HIDING OF FACTS.

2. His employer comes to know about  his bail through some other source.

ANS : HE IS ENTITLED FOR DISCIPLINARY ACTION BECAUSE OF HIDING OF FACTS.

3.  The employer gets a copy of Charge sheet.

ANS :THE CHARGES RELATE TO LACK OF INTEGRITY.  GOVT SERVANT IS REQUIRED TO MAINTAIN ABSOLUTE INTEGRITY EVEN IN PERSONAL LIFE ALSO.  SO LACK OF INTEGRITY EVEN IN PERSONAL LIFE IS A PROFESSIONAL MISCONDUCT FOR GOVERNMENT SERVANT. SO THE DEPTT CAN (WITHOUT WAITING FOR DECISION OF COURT) INITIATE DISCIPLINARY ACTION.


4. Also please let me know under which Code of Conduct  his employment is covered.

ANS :CCS(CONDUCT) RULES available in market and also on internet.

1 Like

ramavenu   15 January 2015

Originally posted by : Sudhir Kumar

1. The said employee has not informed his immediate superior about his release on Bail.

ANS : HE IS ENTITLED FOR DISCIPLINARY ACTION BECAUSE OF HIDING OF FACTS.


2. His employer comes to know about  his bail through some other source.

ANS : HE IS ENTITLED FOR DISCIPLINARY ACTION BECAUSE OF HIDING OF FACTS.

3.  The employer gets a copy of Charge sheet.

ANS :THE CHARGES RELATE TO LACK OF INTEGRITY.  GOVT SERVANT IS REQUIRED TO MAINTAIN ABSOLUTE INTEGRITY EVEN IN PERSONAL LIFE ALSO.  SO LACK OF INTEGRITY EVEN IN PERSONAL LIFE IS A PROFESSIONAL MISCONDUCT FOR GOVERNMENT SERVANT. SO THE DEPTT CAN (WITHOUT WAITING FOR DECISION OF COURT) INITIATE DISCIPLINARY ACTION.





4. Also please let me know under which Code of Conduct  his employment is covered.

ANS :CCS(CONDUCT) RULES available in market and also on internet.
 

Dear Mr. Sudhir Kumar,

Thank you very much for your reply. Kindly let me know what  could be the  Dept.'s disciplinary action against the employee.

Rama V

Sudhir Kumar, Advocate (Advocate)     16 April 2015

The discpicplinary action can result in any of the following pendalties

 

Minor

(i)                  Censure

(ii)                Recovery of Govt loss

(iii)               Stoppage of increment (with/without cumulative effect)

(iv)              Reduction of pay (with/without cumulative effect)

 

Major

 

(v)                Reduction to lower pay scale.

(vi)              Reduction in rank

(vii)             Compulsory retirement

(viii)           Removal from service

(ix)              Dismissal.

 

The matter doe snt appear to be worth minor penalty.


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