Personal Website of R.Kannan
How to Conduct/Defend Departmental Inquiry
If you are Prosecuted How to
Face the Situation
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All persons who are prosecuted are not held guilty and convicted by the learned judges of the Court. Some of them are declared innocent and released, while in respect of many others the Court precludes punishment on the ground that the charges against them are not proved conclusively. However such persons' delight may be temporary, for the employer may institute separately departmental proceedings and punish them appropriate to the allegations as established against them. On the other hand if the employee is convicted, the employer can award departmental penalty, without even conducting such an inquiry. For your information, the employer may not wait until the completion of the criminal process, as he may institute departmental proceedings simultaneously when the criminal case is still pending trial, and may dismiss the employee on the basis of the findings in the inquiry during the pendency of the criminal proceedings. How is that possible? Does it not amount to double jeopardy? The answer is 'No'. This is because the purpose of the two proceedings are quite different. The object of the departmental proceedings is to ascertain whether the officer concerned is a person to be retained in service. On the other hand the object of the criminal prosecution is to find out whether ingridients of the offence as defined in the penal statute have been made. Article 20(3) of the Constitution of India also does not apply to a departmental inquiry because the official is not being tried to for any criminal offence. The holding of a departmental enquiry during pendency of a criminal prosecution in respect of the same subject-matter would not amount to a contempt of court. The departmental authorities are free to exercise such lawful powers as are conferred on them by the departmental rules and regulations and such exercise of powers bonafide will not come within the mischief of the law of contempt, especially when the departmental authorities did not publish their orders not tried to influence the court in any manner charges under Prevention of Corruption Act, 1988 as Distinguished from Departmental Inquiries The subject is dealt with in detail already in the web page dealing with Departmental Inquiry - Advanced Features. Please link to the page and be guided accordingly. Law Courts methodically and accurately follow pre-defined procedures, as set out in relative procedural law like Code of Criminal Procedure, Indian Evidence Act etc. The procedural legalities and technicalities involved in law courts are so deep that a litigant in a civil case or an accused in criminal case, has necessarily to present and argue his case through a legal counsel approved to practise in that court. The first consideration, therefore, that must weigh in your mind, when you have to present your case or defence in a Court of Law is that you must retain the services of a competent Lawyer. How to get a good lawyer, within my resources? Here the problem can be solved only through the collective efforts of officers, uniting for finding solution to a common problem. Come together and organize Officers' Legal Assistance Forum as suggested in the web page. A lawyer knows the law. He has experience acquired through his qualification and legal practice. But he does not know the facts of your case. Finally the lawyer has to present evidences in your favour and argue your defence before the trial judge or magistrate. He has to cross-examine prosecution witness. This needs total coordination and communication with you and understanding of the facts conveyed by you to the lawyer. You have better chances of presenting your case more effectively, if you are able to brief your lawyer in the light of the legal provisions governing you. In turn it presupposes possession of basic knowledge of the relevant law concerning you and your activities. At attempt is made to acquaint you with the basics of law relevant to Public Servants for their security of service and personal protection in the Project titled "Knowledge of Law Essential for Public Servants". The project covers comprehensive guidelines and information on law essential for you to learn to face life with courage. The contents of the project are-
A second project of equal significance to you to meet information needs in contingencies needing trouble shooting is the Project titled "Crime & Punishment". The salient contents of the Project are: Notwithstanding all such knowledge, a public servant can be happy and contended in his personal life and in his career, if he accepts a certain value system and code of conduct and discipline. The inputs for this Value-Resource are attempted in the Lead Project in this web site titled Integrity in Public Life & Services. This project has four titles and five Annexure. It is not a discourse about abstract ethics or philosophy, but about attributes and values the possession of which makes life worthy and happier in the modern world. The rational behind this venture is that "knowledge is strength" and "Information is Power". These are essential knowledge that will help you to "Prevent" i.e. ward off threats from your path, to "pre-empt" i.e. to drive out threats, if confronted and "protect" i.e. to fight and protect you from threats in the last phase. If you face prosecution under Indian Penal Code or under Prevention of Corruption Act, fortify yourselves with the essential knowledge of law, and secure the services of a competent legal adviser. These are the fundamental steps. When you get the vision and secure a competent guide to assist you, you lead your way to your destination without any hindrance. |
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