30. KNOWLEDGE SPECTRUM - DISCIPLINE -
31. Dismissal from military service of a person holding a lien on a permanent civil post will not automatically result in dismissal from the civil appointment. From the moment such a person is dismissed from military service, he is to be treated as automatically reverted to his permanent civil post. The competent authority will then decide the question of disciplinary action against him. The official can be kept under suspension also. (The military authorities give prior intimation to the civilian authorities in all such cases).
32. If the GS, who is convicted by a lower court, is acquitted by a higher Court, the penalty imposed on him on the basis of conviction has to be set aside. The DA will obtain a copy of the judgement and examine it to decide (1) whether the acquittal should be challenged in a still higher court, (2) whether there is any scope for departmental action against the GS. If it is decided to go in for an appeal in a higher court, the penalty imposed shall not be set aside. If it is decided to hold a departmental inquiry, the order of penalty will be set aside, and departmental inquiry will be ordered.
33. If the Court has acquitted a GS stating that the allegations are not true, then it is not permissible to hold a departmental inquiry on the same allegation. If the Court has only expressed a doubt as to the correctness of the allegations, then there is no objection to holding an inquiry on the same allegations. It is also permissible to hold a departmental inquiry after acquittal, in respect of a charge which is not identical with or similar to the charge in the criminal case.
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