Dear friends,
Imposing of penalty on conviction is not mandatory on the part of disciplinary authority as per apex court judgement.
The disciplinary authority has to consider the conduct leading to conviction and to ascertain whether it warrants the imposition of penalty and ifso what that penalty should be. All the facts and circumstances of the court judgement should be perused. ie) the gravity of the offence committed by the official. Suppose an official is convicted by the criminal court for trespassing the transport rules by driving a car in red signal alert will not be
awarded with major punishment .
Departmental proceedings and criminal trial can proceed simultaneously provided the two do not cover same facts or allegations. If on the same allegations departmental action to be taken after the final outcome of the trial court judgement, since the court judgement is based on proof beyond reasonable doubt . But if the delinquent official is acquitted not on merits of the case but on technical grounds ,the disciplinary authority may take a disciplinary action against him.
As per ministry of Homeaffairs OM No.
39/8/64 Estt(A) dtd 04.09.64 for cognizable offence prosecution should be a general rule, for non cognizable offence deptl. action is to be taken. For e-g bribery,corruption, or other criminal misconduct involving loss of public funds ,criminal trial is a must. For cases involving less serious offences,mal practices of departmental nature , departmental action is to be taken.
Tenkasi. with loving greetings,
24.01.2019. G.Mariappan
Imposing of penalty on conviction is not mandatory on the part of disciplinary authority as per apex court judgement.
The disciplinary authority has to consider the conduct leading to conviction and to ascertain whether it warrants the imposition of penalty and ifso what that penalty should be. All the facts and circumstances of the court judgement should be perused. ie) the gravity of the offence committed by the official. Suppose an official is convicted by the criminal court for trespassing the transport rules by driving a car in red signal alert will not be
awarded with major punishment .
Departmental proceedings and criminal trial can proceed simultaneously provided the two do not cover same facts or allegations. If on the same allegations departmental action to be taken after the final outcome of the trial court judgement, since the court judgement is based on proof beyond reasonable doubt . But if the delinquent official is acquitted not on merits of the case but on technical grounds ,the disciplinary authority may take a disciplinary action against him.
As per ministry of Homeaffairs OM No.
39/8/64 Estt(A) dtd 04.09.64 for cognizable offence prosecution should be a general rule, for non cognizable offence deptl. action is to be taken. For e-g bribery,corruption, or other criminal misconduct involving loss of public funds ,criminal trial is a must. For cases involving less serious offences,mal practices of departmental nature , departmental action is to be taken.
Tenkasi. with loving greetings,
24.01.2019. G.Mariappan
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