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suspension of govt. employee on criminal charges


Dear Experts,

A Central Govt. Employee is an accused in a Criminal case punishable u/s.120B,406,468,469,506(ii)&109 IPC filed in the Judicial Magistrate Court & the Trail is yet to start. The charges are not connected with the accused's official duty. FIR Copy & Charge Sheet copies have been provided to the Dept. of the accused.The accused is on AB now.  Under this circumstances, whether the Dept. can suspend the accused for his criminal activities or any other Disciplainary action be taken against him? Kindly let me know.

Thanks in advance.

Deepthi

 
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Departmental action and judiciary judgement are different.Immediately after receipt of FIR the emmployee(accused) will be placed under suspension

 
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Dear Mr.Janaki Manohar Rao,

Thanks for your reply. Still I am not clear whether the accused employee can be suspended for the criminal activities which is not connected with his official duty, just because the case is filed & he is on AB?

Will be greatful if you can clarify this point.

Regards,

Deeptrhi.

 
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Dy Director

The section which you are referring include 420 as well.  Probably it is 498a.  even if it is 498a it involves moral turpitude.

 

SInce a Govt servnt ios liable to maintain absolute integrity even in private liability the charge of midsocnduct is not not connected with office and is professinal misconduct as well.

 

Similar is the case of dowry deman allegationit professional misconduct as well.

 

In such like cases nothing can stop the deptt from initiating departmental proceedings on same facts without waiting for outcome of the court case.

 
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Originally posted by : Sudhir Kumar
The section which you are referring include 420 as well.  Probably it is 498a.  even if it is 498a it involves moral turpitude.

 

SInce a Govt servnt ios liable to maintain absolute integrity even in private liability the charge of midsocnduct is not not connected with office and is professinal misconduct as well.

 

Similar is the case of dowry deman allegationit professional misconduct as well.

 

In such like cases nothing can stop the deptt from initiating departmental proceedings on same facts without waiting for outcome of the court case.

Respected Sudhir Kumar Sir,

While thanking you for your reply, I appologise for not including Sec.417 & 420 also. About 4 months back the Dept. of the accused employee was informed about the  criminal case with necessary documents.  Can the Complainant seek the action taken report by the Dept. through RTI Act? 

Regards,

Deepthsudan

 
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Dy Director

Originally posted by : Deepthisudan



Originally posted by : Sudhir Kumar



The section which you are referring include 420 as well.  Probably it is 498a.  even if it is 498a it involves moral turpitude.

 

SInce a Govt servnt ios liable to maintain absolute integrity even in private liability the charge of midsocnduct is not not connected with office and is professinal misconduct as well.

 

Similar is the case of dowry deman allegationit professional misconduct as well.

 

In such like cases nothing can stop the deptt from initiating departmental proceedings on same facts without waiting for outcome of the court case.





Respected Sudhir Kumar Sir,

While thanking you for your reply, I appologise for not including Sec.417 & 420 also. About 4 months back the Dept. of the accused employee was informed about the  criminal case with necessary documents.  Can the Complainant seek the action taken report by the Dept. through RTI Act? 

Regards,

Deepthsudan

your query is vague as well as isolated please link all factgs

 
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Scientist/Engineer

Under Government Servants' Conduct Rules a Government Servant will normally be kept under suspension as soon as intimation of FIR is received in the Office of the Government Servant. In fact even without an FIR, if information is received that the Government Servant was arrested and detained for more than 24 hours he will be placed under suspension. If he gets anticipatory bail, he can apply to his Office for his reinstatement until conclusion of the case. When the case is in progress if the Government Servant becomes eligible for promotion, his case will be placed before a review committee. The committee will review his eligibility, but for the case against him and if he is found eligible, the recommendations of the Committee should be put in a sealed cover and kept along with his personal dossier. If the person is acquitted, the cover should be opened and his promotion is given. It can be even with retrospective effect. Anyway most often the Government Servant does not get this benefit either due to ignorance or due to prejudice of the superior officers.

Section 498A pertains to domestic violence and does not amount to moral turpitude. When I was in service one of my subordinates was arrested and detained under 498A. His wife informed his office in writing. As I had some personal knowledge of the case and I knew the Government Servant was innocent,  I prevailed upon the Office not to suspend him. He was kept in jail for about 15 days. In due course he was honorably acquitted. His period of absence when he was in jail was treated as dies non.

The Government Servants' Conduct Rules were originally framed by the British. The main purpose was to suppress the freedom movement. After independence the new authorites found it convenient to retain them for repression of their political enemies. As it would have been difficult to retain them after the Constitution came into force an article was added to the Constitution saying that the Parliament shall make laws and in the interim giving powers to the bureacracy to frame rules. The Parliament has never made the laws till date. Any organisation Government or otherwise should have rules governing the conduct of its employees. But the GSCR intrudes too much into the private lives of the Governmet Servants. MP's and MLA's are public servants. But the GSCR do not apply to them. Those who are in the upper echelons of the Government heirarchy routinely flout these Rules.


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Dy Director

Under Government Servants' Conduct Rules a Government Servant will normally be kept under suspension

STAND CORRETED : CONDUCT RULES DO NOT HAVE PROVISION FOR SUSPENSION.  IT IS CC&A RULES WHICH RELATE TO SUSPENSION.

as soon as intimation of FIR is received in the Office of the Government Servant.

STAND CORRETED : NORMALLY SUSPENSION IS NOT RESORTED ON RECEIPT OF FIR

In fact even without an FIR, if information is received that the Government Servant was arrested and detained for more than 24 hours he will be placed under suspension.

 

STAND CORRETED : IT IS 48 HOURS CUSTODY WHEN GOVT SERVNT IS UNDER DEEMED SUSPENSION

 

If he gets anticipatory bail, he can apply to his Office for his reinstatement until conclusion of the case.

 

IF HE GETS ANTICIPATORY BAIL SO HE WAS NOT ARRESTED.  SO THERE IS NO DEEMED SUSPENSION.

 

 


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