C.C.S. (C.C.A.) RULES, 1965 – PRELIMINARY INVESTIGATION
I.
Government
of India's instructions
1. Domestic inquiry permissible where
allegations have not been examined by the Court
The point to be taken note of is that
one identical set of facts and allegation may be sufficient to constitute a
Criminal Offence as well as misconduct not amounting to Criminal Offence, but
punishable under the CCS (CCA) Rules. If the facts of allegations had come to
be examined by a court of competent jurisdiction and the court has given a
finding that the allegations are not true, then it is not permissible to hold a
departmental inquiry in respect of the charge based on the same facts of
allegations. If, on the other hand, the court has merely expressed a doubt
as to the correctness of the allegation, then there may be no objection to hold
a departmental inquiry on the same allegations if better proof than what was
produced before the court or was then available is forthcoming. Then again if
the court has held that the allegations are proved but do not constitute the
Criminal Offence with which the Government servant is charged, then also there
would be no objection to hold a departmental disciplinary action so also it is
permissible to hold a departmental inquiry on the basis of the said allegation
if such proved allegations are considered good and sufficient ground for
departmental inquiry after the acquittal, in respect of a charge which is not
identical with or similar to the charge in the criminal case, and is not based
on any allegations which have been negatived by the Criminal Court.
Furthermore, if the allegation had not yet been examined by a Court of law but
are considered good and sufficient grounds for departmental disciplinary
action, there is no bar to taking such action.
[Govt. of India, M.H.A., O.M. No F.
43/57/64-AVD (iii), dated the 29th November, 1966.]
Sir
ReplyDeleteHolding enquiry different situations with guidance of court noted sir 🙏