1000 TIT BITS ON DISCIPLINE -144
596. ‘Inquiry cannot be initiated on complaint of subordinates without a fact-finding inquiry’.
[Purushottam B. Solanki V UOI & ORS ATR 1990(1) CAT 250 (Ahmedabad)]
597. Disciplinary action within one month from receipt of investigation report
“If vigilance angle is involved in any complaint, this case should be referred to CVC for their 1st stage advice within one month of the receipt of investigation report, if vigilance angle is not involved, the case should be put up to Disciplinary Authority for taking decision to initiate disciplinary action under CCS (CCA) Rules within one month from the receipt of investigation report”
[DOPT’s OM No.425/04/2012 –AVD -1V(A) dtd 29.11.2012]
598. Staying of departmental proceedings till the finalization of criminal case
If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case.
[Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., JT 1999 (2) SC 456; CASES REFERRED TO (1) Delhi Cloth & General Mills Ltd. v. Kushalbhan, AIR 1960 SC 806; (2) Tata Oil Co. Ltd. v. Workmen, AIR 1965 SC 155; (3) Jang Bahadur Singh v. Baij Nath Tewari, AIR 1969 SC 30; (4) Kusheswar Dubey v. M/S Bharat Coking Coal Ltd. AIR 1988 SC 2118; (5) Nelson Motis v. Union of India, AIR 1992 SC 1981; (6) State of Rajasthan v. B.K. Meena (1996) AIR 1997 SC 13; (7) Depot Manager, A.P.S.R.T.C. v. Mohd. Yoursuf Miyan (1997) AIR 1997 SC 2232.]
599. Whether departmental proceedings can be initiated even after the acquittal of an employee by a Criminal Court
Acquittal of an employee cannot operate as res judicata to a disciplinary inquiry into the same charges of which he has been acquitted by the Criminal Court.
[O.R.T.C. Ltd. v. Loknath Patra 1988 Lab IC 595 (600) (Ori)(D.B.).]
600. Merely because the accused is acquitted, the power of the authority to continue the departmental inquiry is not taken away nor its discretion any way fettered
Normally where the accused is acquitted honourably and completely exonerated of the charges, it is not expedient to continue a departmental inquiry on the very same charges or grounds or evidence. However merely because the accused is acquitted, the power of the authority concerned to continue the departmental inquiry is not taken away nor its discretion any way fettered.
[Corporation of City of Nagpur and another v. Ram Chandra G. Modek and another, AIR 1984 S.C. 656.]
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