1. The dept. made a preliminary enquiry to find out some financial losses and take a few written statements from the concerned staff
2. Subsequently the dept. lodge a FIR on the basis of their own preliminary enquiry against 3 persons by name.
3. On the one side police started their investigations.
4. Thereafter having known the police investigations. The dept. started their own disciplinary proceeding including 4 more persons along with earlier 3 persons who were already in the FIR.
5. Before finalization of departmental enquiry the police has filed the charge sheet in the court against two persons who were already in the FIR and third found innocent stating that departmental enquiry against 3 of FIR have been finalized by the dept. but the dept. enquiry was under process.
6. Now only after filing the charge sheet in the court all 6 persons have been penalized by the department (a) Out of six 1 person has been terminated form the services and rest of the 5 person have been penalized by step down 1/2/3 increments for 1/2/3 years. The stepping down of increments is under the category of minor penalty as per Govt. conduct rules.
7. Whereas the department has mentioned in their penalty decision stating Gross Misconduct and mischief. Hence dept. has shown the above penalty of increments of major penalty.
8. The rest of the 3 persons added by the police as co-accused and stating in the charge sheet have not been summened. Their names are lying in the court unattended by Police.
9. It was mentioned in the police final findings that dept. should have given copies of all the penalties to police so that names of all the persons should be included in the court case. But neither the police nor the dept. is bother about it. In fact dept. is favouring the rest of the 3 persons from the very beginning.
Please let me know what is rule position in this case. I feel that dept. should have first investigated the matter through dept. enquiry and to penalize and then to lodge the FIR according to dept. enquiry. But I feel they have adopted bad way to frustrate their employees and unnecessarily implicate their employees in the court case when their penalty was in minor category.
I am retired not having so much money to take expensive legal opinion. I request you to kindly help me out in the matter.
Answered on: 8/16/13, 8:13 am by Sudershan Goel
Mr Suresh: You may need to defend both the cases. Play with caution.
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Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001► Other answers from this attorney