Legal Question in Criminal Law in India

Dear Sir,

The dept. made a preliminary enquiry to find out some financial losses and take a few written statements from the concerned staff and had not given any chance to the concerned person to explain their defaults. The dept. lodge a FIR on the basis of their own preliminary enquiry against 3 persons by name. On the one side police started their investigations. When dept. finds there are no. of employees seems involve the defaults, subsequently dept. started their disciplinary proceeding including other persons with 3 who were in the FIR. Now total persons are 8 who have been found guilty in the departmental enquiry. All 8 persons have been penalized by minor penalty of stopage of 2/3 annual increments only. In the meantime, when the departmental enquiry was in process, the police has filed the charge sheet in the court in the name of 2 out of 3 of earlier FIR accused. The rest have not be charge sheeted in the court with the plea that their departmental proceeeding are pending. Where at the time of filing charge sheet in the court all the departmental proceeding against 8 were pending. The police has file the proceeding by supressing the material fact,saying that proceeding of two has been finalized and hence filed the charge sheet in the court is wrong.

Please let me know what is rule position in this case. Without having conclusion of crime by the department, can they file FIR before hand and then start departmental proceeding. And without having departmental proceeding decision can police can lodge FIR and start investigations and to file case in the court before having departmental enquiry deicision.

I am retired not having so much money to take expensive legal opinion. I request you to kindly help me out in the matter.

Asked on 8/13/13, 9:55 pm

2 Answers from Attorneys

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi

You may seek the opinion by showing the relevant documents.

Adv Rajv

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Answered on 8/13/13, 11:13 pm

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. FIR can be lodged in the given situation.

2. The employer is free to start departmental proceedings.

You may approach the Legal Services Authority for free legal help, if required. However, for your guidance, the criminal proceedings and departmental proceedings can proceed simultaneously independent of each other.

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Answered on 8/13/13, 11:53 pm

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