Suppression of information charge !!!

Dear Omkar,

On one hand you have stated that in 1997 you were chargesheeted, but contrarily, you have also stated that till date no charges have been framed. Two things cannot be there at a time. Moreover, it cannot be possible that all these 14 years there would not have been any chance of not framing the charges. If charge sheet has been issued, charges would be the part and parcel of the chargesheet. So, please state, what is the rel position.

Further, any brief advice on this forum may not benefit you. You need to take the help from any expert in service matters near you to draft a reply with perfection to the show cause notice.

I am sorry for mistake on my part. I meant to say that till now the proceedings have not started. Chargesheet was filed in 1997 but the proceedings have not started.

This is a personal matter which has nothing to do with your job. Even disciplinary proceedings are time barred. They can't do a damn to you. Just get an excellent attorney or get back to me whicever suits you.

If at the time of applying for the job in case there was column on these lines..

C. Are any criminal proceedings pending against you?.......

AND IF you wrote NO, then authorities can penalize you very severly and even lodge Criminal cases against you.

Sorry.  You are squarely guilty.  You faced criminal proceedings and got it quashed.  You failed to intimate the same to the department and this is a perfect valid ground for initiating a criminal case. Remember, every candidate has a duty to inform Govt about past criminal record.  Also remember that while in service every employee has a duty to report pending criminal proceedings or bail (which you appear to have enjoyed even during service).

Someone has advised you “This is a personal matter which has nothing to do with your job. Even disciplinary proceedings are time barred. They can't do a damn to you. ………………..”  Sorry.  My experience in disciplinary matters will not allow to agree to this. Disciplinary proceedings are not time barred.  The criminal record is not a private matter for Govt servant.   

Someone advised that “Are any criminal proceedings pending against you?.......

AND IF you wrote NO, then authorities can penalize you very severly and even lodge Criminal cases against you.” I have no option but to agree to the same

You feel that the FIR was against RWA.  Sorry professor you are miserably wrong .  FIR is only against individuals and only civil suits are against body corporate.

Please also ignore that even during pendency of the criminal proceedings or dropping of charges on technical grounds the department has right to initiate disciplinary proceedings on the facts leading to criminal chargesheet.

Your department has probably omitted to charge you for accepting the RWA positing without prior permission.

            As apparent from facts given by your position is hopeless and only mercy of higher authorities can be your rescue.

However you can consult a good local lawyer to move to High court fro quashing of criminal charge due to prolonged proceedings with no progress.  Such lawyer will be able to advise course of action on study of entire papers.

 Sudhir,I wrote this also on repursal. Professors have a different of rules but no denying the fact this column must have been there.

Sudhir Kumar has elaborated the position clearly. Concealment of fact by the candidates for the purpose of verification of character and antecedents can cost an employee with termination of his services. You may better prefer an appeal to the appellate authority of your university justifying your action or omission, whatever it is.

Hi

I know it is my mistake I should had informed about the case to the employer. But couldn't something be done now? I mean any remedy to avoid the proceedings?

The case occured during my job. I failed to notify my employer regarding that. We are covered under CCS (CCA)1956 rules. Atleast some way to avoid the proceedings on any ground? 

Omkar, CCS rules RULE OUT ANY POSSIBILTY OF PERSONAL MATTER BEING A MADE AN ISSUE OFF. SOME GUYS DON'T KNOW A THING AND GO BY HEARSAY,COURT CITATIONS,KEEP COLLECTING PAPERS AND GETTING DUMB IN THE COURT AND COLLECTING MONEY FOR PAPER USE,PHOTCOPYING, STAMPS,TYPIST FEES, APPEARANCE FEES AND NEVER ENDING STUFF. PM me in case you feel the need to.

No need to do anything. Lodge a complaint with OMBUDSMAN to U.G.C.

My experience in vigilance field will not allow me to agree to what someone said that "

No need to do anything. Lodge a complaint with OMBUDSMAN to U.G.C."  I also cannot agree to advise "Omkar, CCS rules RULE OUT ANY POSSIBILTY OF PERSONAL MATTER BEING A MADE AN ISSUE OFF" Rules are very clear you are governed by CCS(CC&A) Rules for procedure in proceedings and for definition of misconduct you may be governed by CCS(Conduct) Rules or its replica [called CDA Rules] made by university senate.  Represnetation to UGC Ombudsman will have no use as it is Appointing Authority, Appellate adn RevisionAuthority which has a role in CCS(Conduct) Rules and CCS(CC&A) Rules.

Mercy of higher authority can be your biggest strength and you should do nothing to loose it. Authorities have the liberty of letting you off with pension with lighter punishment otherwise dismisssal without pension can also sustain in such case. 

I am saying so with 30 yars of experience in Central Govt  and maximum period in HR and in Vigilance.

File a Memorial to the President under article 320 of the Constitution or CCS rules if three years limitation has not crossed.

Moreover if it happened after your appointment or confirmation thereof then you were under no obligation to inform them of your personal problems,criminal or civil and moreover you have not been convicted of any wrongdoing and an accused is always NOT GUILTY unless proved otherwise. GET THIS VERY STRAIGHT IN YOUR MIND.