One Day, One Minute, One Rule – 386 What decision was made regarding the 2356 Lower Selection Grade (LSG) posts held by BCR officials in the pay scale of Rs. 5000-8000, and what was the financial implication of this process? It was decided that the 2356 LSG posts held by BCR officials would be converted into Higher Selection Grade-II (HSG.II) grade in the same pay scale, with no additional financial implications. The identification of these posts is required to be done on a functional basis across various units (such as Post Offices, SBCO, Circle Office, RMS, Premier Services, and Foreign Post) following specific guidelines provided in the order. (DG(P) No. 22-1/PE-1 (V) Dated: 31-07-2001)

 TIT BITS ON DISCIPLINE -275

1072. The institution of departmental proceeding shall also be justified where the acquittal is due to lack of sanction or some technical defect in procedure (S. Krishnamurthy v. Chief Engineer, AIR 1967 Madras 315; Gurdev Singh v. State, SLR 1970 Pb.& Hr. 885], or where the employee is guilty of a misconduct which disentitles him to that office (Shaik Kasim case, supra], or where the acquittal is with benefit of doubt [State of Orissa v. Saile Behari , AIR 1963 Orissa 73; Sudarsan v. State of Orissa, 1984 Lab IC (Orissa) 1707], or where there is heavy suspicion but conviction could not be secured due to lack of evidence [Mohd. Ismail v. Sinha, AIR 1961 Patna 411].

1073. If in a case the Government servant is acquitted of the main charge but the facts established during the case in themselves constitute a departmental misconduct disentitling him to retain in service, appropriate departmental action may be taken against him on the basis of the facts established during the trial. It is not necessary to frame a fresh charge or to conduct a fresh inquiry for the purpose which will only delay the matter unnecessarily. “I do not consider that adoption of such a procedure is against the principles of natural justice” observed V.S. Malimath, C.J. [P. M. Alias v. State of Kerala, 1988 Lab. IC (Kerala) 514].

1074. Further, where a Government servant is not prosecuted for a criminal trial where such prosecution is possible, it does not mean that he cannot be proceeded against departmentally also [Bhagat Singh v. State of Punjab, AIR 1960 SC 1210], or where there are several charges arising out of the same facts and the employee is acquitted of some of the charges, he can be proceeded against departmentally on the charges which were not subject matter of his criminal trial [Kandhari v. N.E. Railway, AIR 1971 All. 323].