Upgrad LLM

dismissal from govt service


Whether an employee can be dismissed from service as a measure of major penalty where the amount illegally withdrawn by him has been repaid with penal interest. If so, what is the remedy to employee. In addition whether EPF, gratuity can be withdrawn after dismissal
 
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subregistrar/supdt.(retired)

Ji, though the illegally withdrawn amount was repaid with penal interest, his punishment is not reduced or withdrawn. EPF may be sanctioned but gratuity will not be paid.

 
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WITHOUT DEPARTMENTAL PROCEEDINGS DISMISSAL CAN'T BE. INITIALLY THE DEPARTMENT WILL SUSPEND THE EMPLOYEE. LATER THEY WILL FILE A CRIMINAL CASE FOR MISAPPROPRIATION OF GOVERNMENT FUNDS CASE AGA INST HIM. SO ALSO THEY CAN FILE A DP PROCEEDING AGAINST THE EMPLOYEE. THE EMPLOYEE HAS TO FACE ALL THESE MATTERS. IF AT ALL THE EMPLOYEE WINS THESE MATTERS THEN HIS JOB CAN BE REAPPOINTED. NOW WHATEVER MAY BE THE CASES OR PROCEEDINGS, THE EMPLOYEE CAN ASK SUBSTISTANCE ALLOWANCES FROM THE DEPARTMENT. HE OR HIS FAMILY CAN GET HALF OF THE BASIC. SO ALSO DURING TERMINATION HE CAN CLAIM COMPENSATION AROUND 20TIMES OF BASIC.
 
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Dy Director

Originally posted by : OM PRAKASH
When the employee has repaid the illegally withdrawn amount, then it is an admission of his guilt. So, he should also have pleaded for the clemency or imposing of the lighter punishment. However, as per your query, now the gratuity may not be paid to him, but the EPF would be.

  Agreed.

 

If he is EPF subscriber then even pensionwill be paid.

 

If covered under Govt Pension rules then no pension is payable.

 
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Dy Director

Originally posted by : Supriyo saha
Whether an employee can be dismissed from service as a measure of major penalty where the amount illegally withdrawn by him has been repaid with penal interest. If so, what is the remedy to employee. In addition whether EPF, gratuity can be withdrawn after dismissal

Whether an employee can be dismissed from service as a measure of major penalty where the amount illegally withdrawn by him has been repaid with penal interest

 

Yes he can be  (rather in all in most cases will be)

 
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Dy Director

Originally posted by : srinu rokkam
WITHOUT DEPARTMENTAL PROCEEDINGS DISMISSAL CAN'T BE. INITIALLY THE DEPARTMENT WILL SUSPEND THE EMPLOYEE. LATER THEY WILL FILE A CRIMINAL CASE FOR MISAPPROPRIATION OF GOVERNMENT FUNDS CASE AGA INST HIM. SO ALSO THEY CAN FILE A DP PROCEEDING AGAINST THE EMPLOYEE. THE EMPLOYEE HAS TO FACE ALL THESE MATTERS. IF AT ALL THE EMPLOYEE WINS THESE MATTERS THEN HIS JOB CAN BE REAPPOINTED. NOW WHATEVER MAY BE THE CASES OR PROCEEDINGS, THE EMPLOYEE CAN ASK SUBSTISTANCE ALLOWANCES FROM THE DEPARTMENT. HE OR HIS FAMILY CAN GET HALF OF THE BASIC. SO ALSO DURING TERMINATION HE CAN CLAIM COMPENSATION AROUND 20TIMES OF BASIC.

 

Not able to agree.

  1. The queriest nowhere stated this to be cas case of dismissal witout DP.
  2. It is not mandatory for the deptt to suspend unless there is a fear of tempering of documents or influencing witnesses.
  3. Subsistance allowance canarise only when is suspended (not in case of dismisaal)
  4. It is not obligatory for the deptt to file criminal case thou they can do so if they so desire.
  5. Agreed that deptt cac initiate criminal as well as deptt proceedings simultaneouly and in such case DP generally ends faster. OPnce dismissed in DP he has no automatic right of reinstatement even if he wins criminal case.
  6. This is not a case of termination as stated by querist.  Whether terminal/dismissal the employee cannot seek any compensation though he has right to challenge thesame in couort after availaling remedies with deptt.
 
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So in case of dismissal, if there is no loss of department as the person has repaid the amount with penal interest can payment of gratuity be denied as there is a clause in law gratuity can only be forfeited only to the extent of loss to the department.
 
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Dy Director

"can payment of gratuity be denied as there is a clause in law gratuity can only be forfeited only to the extent of loss to the department. "

 

You have misunderstood.

 

In case of dismissal the gratuity is admissibel at all irrespectivbe of the loss caused to the govt..  If it was a case of merely recovery of loss due to negligence then the penalty to that effect could have been picked up from Rule 11 of CCS(CC&A) Rules.

 

You may see the chargesheet the allegation in all propbability will be lack of integrity in violation of rule 3(1)(i) of CCS(Conduct) rules.(kindly refer back if this is not so)

 
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