Sub: Legal opinion sought on
whether after acquittal by the District & Sessions Judge departmental proceedings/enquiry could be initiated that too after inordinate delay of 4 years 2 months from the date of incident i.e. 7.6.2005
Whether the Baba Farid University of Health Sciences, Faridkot keep one employee under suspension after acquittal by the Court on merit and that too where no appeal has been preferred by the State against the Judgment and appeal period of 90 days has also been elapsed on 28.6.2009.
Consequent upon my arrest and detention in police custody in connection with leakage of question paper of PMET-2005 I was placed under suspension w.e.f. 17.6.2005, vide University Orders No.BFUHS-05-Estt./9531 dated 21.6.2005.
Through Univ. Order No.BFUHS-05-Estt/15271 dated 10.10.2005 the then Vice-Chancellor ordered that I will remain under suspension till the final decision of the Court Case in regard to leakage of Question Paper of PMET-2005 as the case has been registered in FIR No.88 dated 7.6.2005.
Vide Office Order No.BFUHS/07-Estt./15963 dated 29.6.2007 the then Vice-Chancellor enhanced my subsistence allowance from 50% to 7% as per clause 7.2(1)(i) of Punjab C.S.R. with immediate effect i.e. 29.6.2007.
I was tried for the offence punishable U/S 468 of IPC. The District & Sessions Judge, Faridkot on 20.3.2009 acquitted me and held that:-
"16. In view of my discussions recorded in the preceding paras and unbelievable and un-trustworthy prosecution evidence on the record, I have reached at the conclusion that the prosecution has fallen flat on all the counts. It has failed to prove any of the charges against any of the accused persons. All the points for determination mentioned in Para No.6 of the Judgment stand decided against the prosecution. Consequently, all the accused persons Boota Ram Helper, Ramesh Kumar Binder, Rakesh Kumar Driver, Balwinder Singh, Kamaljit Singh, Dr Vinod Khanna, Nand Kishore and Surinder Pal Kapoor Superintendent are ordered to be acquitted of the charges framed against them for the want of evidence against them. The file be consigned to the record room, Faridkot. Announced in open Court this 20th day of March, 2009."
Keeping in view the situation explained above I seek your legal opinion on the following points:-
Surinder Pal Kapoor
Office Superintendent Grade-I(Under Suspension)
Baba Farid University of Health Sciences, Faridkot
(Resi:10-C, Markfed Complex, KKP Road, Faridkot)
29th July, 2009
1) whether after acquittal by the District & Sessions Judge, departmental proceedings/enquiry could be initiated that too after inordinate delay of 4 years 2 months from the date of incident i.e. 7.6.2005.
2) Whether the Baba Farid University of Health Sciences, Faridkot keep me under suspension after acquittal by the Court on merit and that too where no appeal has been preferred by the State against the Judgment and appeal period of 90 days has also been elapsed on 28.6.2009.
No appeal has been preferred by the State against the above said case as on today the 29th July, 2009.
I moved an application on 1.4.2009 to the Vice-Chancellor, Baba Farid University of Health Sciences, Faridkot along with a certified copy of Judgment dated 20.3.2009 and requested him to re-instate me in service as I have been acquitted from all the charges by the District & Sessions Judge, Faridkot.
On 30th June, 2009 I again requested in writing to the Vice-Chancellor that appeal period of 90 days has elapsed on 28.6.2009 and State has not preferred any appeal against the said Judgment, therefore, I may kindly be re-instated in service.
On 15th July, 2009 the Law Officer of the University verbally informed that the Board of Management of the University had decided on 21.4.2009 that an Internal Enquiry be got conducted against Surinder Pal Kapoor, Office Superintendent, Boota Ram and Rakesh Kumar (all under suspension) who were alleged to be involved in paper leakage case, from an retired IAS Officer/Retired Judge. Accordingly, Sh. MM Oberoi, Retired IAS Officer was appointed Enquiry Officer but he could not conduct the enquiry at that time because matter was subjudice. Now, the University will write that Sh. Oberoi to conclude the enquiry.
Till today i.e. 29th July, 2009 I have not been conveyed anything in writing whether any enquiry is pending against me. I have never been issued any Show Cause Notice or Charge-sheet.
My application for re-instatement is still pending with the Vice-Chancellor, without telling me any reason in writing to me.