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somil (none)     10 November 2013

Terminantion of service by departmental proceeding

CBI REGISTERED A CASE AGAINST PERSON "X" SINGH BUT DUE TO LACK OF EVIDENCE CBI COURT CLOSED THE CASE HENCE CASE IS CLOSED BEFORE IT IS STARTED BUT DEPARTMENT ENQUIRY WAS INITIATED AND PERSON"X"SINGH WAS FOUND GUILTY OF CHARGES AND WAS TERMINATED FROM THE SERVICE.NOW I WANT TO KNOW HOW CAN HE BE PUNISHED DEPARTMENTALLY IF CBI DID NOT FIND ENOUGH EVIDENCE AGAINST HIM AND CBI FILED CLOSURE REPORT TO CLOSE THE CASE AGAINST PERSON "X" IN CBI COURT. AND WHEN PRINCIPLE OF NATURAL JUSTICE IS USED AS TOLD BY SC IN Union Of India And Others vs Naman Singh Sekhawat on 14 March, 2008  (AS in a departmental enquiry entailing consequences like loss of job which now-a-days means loss of livelihood, there must be fair play in action, in respect of an order involving adverse or penal consequences against an employee, there must be investigations to the charges consistent with the requirement of the situation in accordance with the principles of natural justice in so far as these are applicable in a particular situation.) THEN preponderance of probability CANNOT BE USED . IF IT IS USED CAN THESE TWO THINGS USED SIMULTANEOUSLY AS preponderance of probability MAY RESULT IN JOB TERMINATION AS PROOF IS NOT REQUIRED BEYOND REASONABLE DOUBT AND ALSO HOW MUCH probability  IS REQUIRED ? IF THERE IS SO MUCH probability (MORE THAN 50%) THEN WHY CBI FILED CLOSURE REPORT AND WHY CBI COURT ACCEPTED THAT ? CBI HERSELF TRANSFER THE CASE TO DEPARTMENT .AND HOW CAN CBI WHEN FILED CLOSURE REPORT TRANSFER THE CASE TO DEPARTMENT AND DEPARTMENT THEN TERMINATED PERSON"X" SINGH.

 

                                       

 



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     10 November 2013

Per-se failure of prosecution is not  bar to departmental proceedings.

 

It is a matter of full facts as to how the case quoted is helpful to the person.

 

the case is subjective and and anyone having sympathy for the person should not advise without seeing all papers.

Dr J C Vashista (Advocate)     10 November 2013

I agree with Mr. Sudhir Kumar ji, CBI and Departmental inquiries are two different phenomenon where both of them can inquire into the allegations/charges framed against accused/deliquent offical.

Full facts of the case are required for proper advise...

somil (none)     10 November 2013

it is well know fact that department ENQUIRY can be initiated even after acquittal in criminal case as the proof for them is entirely different but Is there is any case where case was not even started and was closed in a criminal court of law (AS THERE IS NOT ENOUGH EVIDENCE TO PROCEED)and then in departmental ENQUIRY  the accused was charged and then terminated? .It is really hard to digest as accused was punished on the principal of preponderance of probabilities (AND NOW DAYS SC TALK ABOUT NATURAL JUSTICE WHEN NATURAL JUSTICE IS USED THEN  principal of preponderance of probabilities cannot be used  ).Departmental ENQUIRY  aim is not really to punish the accused but to check administration efficiency as stated by SC IN Divisional Controller,Ksrtc vs M.G.Vittal Rao on 18 November, 2011( The interests of administration and good government demand that these proceedings are concluded expeditiously. It must be remembered that interests of administration demand that undesirable elements are thrown out and any charge of misdemeanour is enquired into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements. )

somil (none)     10 November 2013

QUESTION HERE IS PRINCIPLE OF NATURAL JUSTICE

                                                                                                          V/S

                                      preponderance of probability 

 

IN CASE OF LOSS OF LIVELY HOOD OR JOB 

                                          

Kumar Doab (FIN)     11 November 2013

 

Agreed with Mr. Sudhir Kumar.

 

 

The affected person should seek counsel of a competent and experienced lawyer and  show all documents and give inputs in person.

It is good that you are collecting and reading the publications that can help you. Thus you would be properly informed. 


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