Thought for Today, 28 th September 2016

Kind words can be short and easy to speak but their echoes are loud and endless.

Friday, 1 April 2016

Retired employee and Criminal Proceedings - sanction for prosecution

It has been held by the Supreme Court that the criminal proceedings can be instituted any time after retirement, in respect of an act of employee (which amounts to an offence under criminal law) or incident taken place while the employee was in service. However the pension whole or in part, permanently or for specific period can be withdrawn or withheld, only if the judicial proceedings are instituted after his retirement in respect of a cause of action which arose or in respect of an event which took place not more than four years before institution of such proceedings.(ref. State of Punjab v/s Kailash Nath, 1989 AIR SC 558.)

A sanction of the competent authority is required for prosecuting a public servant under prevention of corruption Act or for the offences under Indian Penal Code. The question is whether such sanction is required while prosecuting a public servant under provisions of Prevention of corruption Act and I.P.C.This question has been once again dealt in the judgement delivered by the supreme court on 17-12-2014 in the case of State of Punjab v/s Labh Singh and has held as under, 

1) No sanction for prosecution a public servant under provisions of Prevention of Corruption Act 1988 is required if the public servant is retired before the date of cognizance by the Court.

2) The sanction of the competent authority is required when a retired public servant is to be prosecuted under provisions of Indian Penal Code.

The judgement in this case along with the following material relating to the topic has been made available at S.N. 36 under the caption " Disciplinary Proceedings- Important Judgments"

1) Supreme Court of India judgement in case of S. A. Venkataraman vs The State

2) Supreme court judgement in case of Manzoor Ali Khan vs Union Of India & othres

3) Article by Advocate Ashok Dhamija

These judgements and other material can be got downloaded, if required.

Saturday, 12 March 2016

Recovery of excess payments made to Government servants

At times the excess payments of salaries or pension is made to Government servants including pensioners due to inadvertence or otherwise. The question always arises  whether the excess payments made can be recovered or not. 

The issue of recovery of excess payments made to Government servants was considered by the Supreme Court in the case of State of Punjab v/s  Raphiq Masih and deliverd a landmark judgement on 18-12 2014. The Department of personnel and training , Government of India considering the said judgement has issued O.M. dated  2-3 2016 giving detailed guidelines regarding recovery of excess payments made. The Government of Maharashtra has bee requested to issue such guidelines early.

The Judgement of the supreme Court and the D.O.P.T.'s  office Memorandum dated 2-3-2016 is available at S.N. 30 and 31 respectively in the list under caption "Recent and Important". Those interested can get them downloaded .

Sunday, 21 February 2016

Presentations on C.C.S.(conduct) Rules 1964 & C.C.S.(C.C.A.) Rules 1965

Last week I had an opportunity to take two sessions in the Management Development Programme for Group I officers of Meteorological Department( Meteorologist Group II Scientists-B) on C.C.S.( conduct) Rules 1964 & C.C.S.(C.C.A.) Rules 1965.  At this time I made a Power point presentation. A copy of the said presentation is made available at serial Number 8 in the list under caption " Disciplinary proceedings- Presentations". Those interested can get it downloaded .

Saturday, 14 November 2015

Daily order sheet or Roznama- Importance of

Daily order sheet or Roznama is very important document in the process of conduct of departmental inquiry.It is a running record of all the important events taken place during the course of conduct of inquiry.The court or tribunal may at times ask the disciplinary authorities to produce the same. In the absence of Daily order sheet it is difficult to ascertain whether the proper procedure was followed during the conduct of inquiry. If the daily order sheet is not maintained , in the absence of any other evidence the court may come to the conclusion that no reasonable opportunity was given to the charge employee and the order of penalty may be set aside.However whenever the dispute arises as to what happened during the inquiry, the statement of the inquiring authority is generally taken as correct as held by the supreme court in the case of Union Of India V/S T.R. Varma ,AIR 1957 Sc 882. The said judgement is available at serial number 35 in the list under the caption Disciplinary Proceedings- Important Judgments.

Monday, 9 November 2015

Disciplinary Proceedings- Presentations

I am invited for taking sessions on various aspects relating to Departmental Proceedings, in the various training programmes conducted by reputed training institutes like Yashvantrav Chavan Academy of Development Administration , Pune, National Institute of  Defense Financial Management, Pune, Rashtriya Chemicals & Fertilizer's training institute Mumbai etc. While taking the sessions I had made Power Point Presentations which were found to be very useful for the participants as well as myself. These presentations include not only the related topics but also the questions and answers to judge whether the participants have acquired the knowledge which will be helpful to them while dealing withe cases related to disciplinary proceedings.  

I thought that these presentations will be useful not only for Government employees but also to the   of regular and guest faculties which take the sessions on disciplinary proceedings in the training programmes  conducted for State Government employees and the Central Government employees. I have therefore uploaded a few  presentations on  this blog. They can be downloaded by clicking on     Presentations under the caption " Disciplinary Proceedings". The viewers may send me their feedback if any to me on my email address, shridhar1941@gmail.com.

Thursday, 30 July 2015

Simultaneous Criminal & Disciplinary Proceedings - Practical Guidelines

The departmental authorities always face a problem as to whether they should initiate the departmental proceedings when criminal action is taken against employee. The finalization of the criminal proceedings take a long time and it is not desirable to continue the tainted employee unpunished.Therefore the following practical guidelines are mentioned below for the consideration and adoption by the departmental authorities.
1) Remember that departmental proceedings are different from criminal proceedings, though based on same transaction or incident. Departmental action is for violation of departmental rules.
2) The question of stay of departmental inquiry does not arise if the charges are different from those in the criminal case.
3) Issue the charge sheet for departmental proceedings without any delay.
4) Please see that a charge other than the criminal charge like, breach of specific conduct rule is also    included in the charge sheet in addition to a criminal conduct.
5) Oppose the application for stay of departmental proceedings, if filed by the employee in a court. Please site various  court judgments which have ruled that simultaneous proceedings can be initiated.
6) If the court grants stay , take the steps to get the stay vacated.
7) Remember that the departmental proceedings can be conducted with the help of certified copies of the documents filed in criminal court.

If the above guidelines are followed it will be possible to ensure that immediate action is taken against the erring employees .

Sunday, 26 July 2015

Acquittal in disproportionate assets case- No immunity from departmental disciplinary action

The Supreme Court in case of disproportionate  Assets case ( Govt. Of India V/S C. Murlidhar, 1997 Lab IC(SC) 284) has held that the acquittal of the employee in criminal case does not mean that no departmental proceedings can be started against him in respect of the transactions done without intimation or permission of the authorities concerned. It means despite of the acquittal of the employee in case of having disproportionate assets case, the departmental proceedings can be initiated for violation of conduct Rules.