Acquittal in Court would not stop Employer from initiating departmental action against erring Employees: State Govt

 

The acquittal of a State Govt servant who was tried on criminal charges in a Court wouldn't stop the employer from initiating departmental action against the delinquent employee. The Govt of Tamil Nadu issued fresh guidelines in this regard earlier in July.

The order with fresh guidelines, issued by Chief Secretary V. Irai Anbu, superseded a G.O. issued in 2008, which said the views of the Vigilance Commission or the Directorate of Vigilance & Anti-Corruption were to be obtained for initiating departmental action in “trap cases” when the case is in court.

The latest order said the acquittal by a criminal court would not debar an employer from exercising power in accordance with service rules & regulations in force. The two proceedings - criminal & departmental - were entirely different & operated in different fields & had different objectives, it maintained. 

It said that "Whereas the object of criminal trial is to inflict appropriate punishment on the offender, the purpose of departmental enquiry proceedings is to deal with the delinquent departmentally & to impose penalty in accordance with service rules, if the charges are proved".

As far as departmental action on corruption allegations is concerned, it is not necessary for the disciplinary authority to wait for the final disposal of the criminal case registered under the Prevention of Corruption Act, 1988. If the criminal case is registered under the Prevention of Corruption Act, 1988, & if the original records are seized by the investigating authority, the disciplinary authority may obtain true copies of the documents & proceed with the departmental disciplinary proceedings. The latest G.O. lists 22 guidelines in this regard. 

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(With input from news agency language)

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