Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... acquitting the accused stands final and cannot be questioned or interpreted otherwise by the administrative authority, (xv) in order to minimize discretionary powers disentitling the persons convicted for offences to public employment, such offences shall be of grave and serious nature and involving moral turpitude, (xvi) guidelines issued by the executive authorities in their standing orders shall be followed strictly and ..... (viii) mere involvement in a criminal case or registration of an fir is not a proof of involvement in a criminal case, unless the trial court delivers the verdict holding one guilty of the offences, (ix) a person with stigma cannot be enrolled but an innocent person cannot be denied the right for public employment, if he has been falsely implicated and there is no incriminating material against him ..... circumstances of this case and also the fact that in some other cases the commissioner of police has allowed the applicants to join the post considering the gravity of the offence in which they were involved and also the nature of the order passed by the criminal court, we feel that it would be appropriate, if all these matters ..... been concealment of facts of his involvement in a criminal case and cancellation of his appointment was done on the basis of the concealment of his involvements in a case where offences were alleged to have been committed u/s 304 read with 324 and 34 of ipc; and the appointment was received by him on deceitful means and such criminal cases were .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... therefore, we have a situation where charges have been framed against the applicant in a criminal case after an appreciation of the evidence gathered against him in regard to the criminal offence under the prevention of corruption act, but in regard to his misconduct as a government employee, the departmental proceedings had been stayed due to interim orders of this tribunal. 14. ..... the apex court judgments have also emphasized upon the fact that while the criminal case relates to the criminal aspect of an offence, the departmental enquiry relates to the civil aspect of misconduct of the employee concerned in relation to that offence, and also that the standard of proof in a departmental enquiry of preponderance of probabilities is not the same as in the case of rigorous standard of proof, beyond reasonable doubt, which has to be applied before the criminal court in the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... there is no warrant for the view expressed by the high court that in considering whether a public officer is guilty of the misconduct charred against him, the rule followed in criminal trials that an offence is not established unless proved by evidence beyond reasonable doubt to the satisfaction of the court, must be applied, and if that rule be not applied, the high court in a petition under article 226 of the constitution is competent to declare ..... therefore, it is seen that because of his admission of his guilt, and the previous record of this being the first offence of the conductor, a lesser punishment of censure was proposed and a show cause notice was issued to the conductor accordingly. ..... in both these representations dated 23.07.2010 and 23.11.2010, the applicant had taken a plea that when an offence was committed by two persons together, in one duty only, how come different punishments were being imposed upon both of them. ..... the checking staff had instructed the bus to stop, had not been denied by the conductor, but only a minor penalty of censure had been imposed upon the conductor since it was his very first offence, and he had admitted his misconduct. 12. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence, and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other for the time being in force, the court may, instead of sentencing him to any punishment or releasing ..... punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, ..... therein had confessed his guilt during a lok adalat and the court where the said criminal case was pending considering the nature of the offence, character of the respondent and the factum that the respondent was still studying in the school, had released the respondent on probation after admonition. ..... say that what is good for the door to be shown, is good for prohibiting entry through the door, and thus while denying public employment with respect to the offence committed by a person, it can be said, and we say so, that it may be a serious violation of the constitutional right of a citizen to be fairly treated in the matter of public employment if trivial .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... further, he also tried to minimize the cognizable offence as non-cognizable offence by lodging the ncr. ..... he also tried to minimize a cognizable offence as a non-cognizable offence by merely lodging an ncr. ..... further he also tried to minimize the cognizable offence in non-cognizable offence by lodging the ncr. ..... he also tried to minimize cognizable offence in non-cognizable offence by lodging the ncr. ..... he also tried to minimize cognizable offence in non-cognizable offence by lodging the nc. ..... in other words, such statement must have been made contemporaneous with the acts which constitute the offence or at least immediately thereafter. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... explained the policy decision of february 2, 1973 and decided to modify the earlier decision by streamlining determination of moral turpitude as follows: ".....the following terms should ordinarily be applied in judging whether a certain offence involves moral turpitude or not: (1) whether the act leading to a conviction was such as could shock the moral conscience of society in general. ..... may refer to the character jean valjean in victor hugo's novel les miserables, in which for committing a minor offence of stealing a loaf of bread for his hungry family jean valjean was branded as a thief for his ..... secondly, the said respondent had also been acquitted by the trial court insofar as the offences under section 452/506 ipc are concerned and as regards the offence under section 354 ipc the same had already been compounded with the permission of the court in terms ..... in this case is that the complainant has purposely and falsely implicated him in offences involving moral turpitude so that he will not get any job in government service ..... the conclusion that there was nothing on record to connect the accused with the offence for which he had been charge-sheeted and accordingly he was acquitted. ..... question of rehabilitation of ex-convicts took a policy decision on february 2, 1973 (annexure e in the paper book), accepting the recommendations of the government of india, that ex-convicts who were convicted for offences involving moral turpitude should not, however, be taken in government service. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... (2) in cases in which a preliminary enquiry discloses the commission of a cognizable offence by a police officer of subordinate rank in his official relations with the public, departmental enquiry shall be ordered after obtaining prior approval of the additional commissioner of police concerned as to whether a criminal case should be registered and investigated or a .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... of audi alteram partem has been sustained; whether the applicant has been furnished all the materials on the basis of which punishment has been inflicted; whether the punishment follows the law of proportionality to the offence; and whether the process of appeal has been adhered to and decided on merit. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... unless:- the criminal charge has failed on technical grounds, or in the opinion of the court, or on the deputy commissioner of police the prosecution witnesses have been won over; or the court has held in its judgment that an offence was actually committed and that suspicion rests upon the police officer concerned; or the evidence cited in the criminal case discloses facts unconnected with the charge before the court which justify departmental ..... on the basis of this cinching evidence, since prima facie offences u/s 420/468/471 ipc were made out, a case vide f.i.r. no. ..... since the prosecution has failed to prove that matriculation certificate was forged one, there is no question of accused inducing the police department to provide employment on the post of constable on the basis of forged document or commission of the offence of cheating punishable under section 420 ipc. ..... the prosecution has failed to prove that matriculation certificate ex.pw6/a is forged one, there is no question of accused including the police department to provide him employment on the post of constable on the basis of forged document or commission of the offence of cheating punishable u/s 420 ipc. ..... when the criminal court has categorically stated that the document in question has not been verified, there is no question of the respondents saying against it and to say again that the offence was actually committed. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... it is a settled principle of law that if, after thorough investigation of a case which is common to both the offences and the misconduct, the government servant is exonerated from offence alleged against him, he cannot be proceeded against departmentally. ..... these allegations leveled against the applicant did not amount to offence and the same would also not constitute a misconduct as the factum of delinquency is common to both offences and the present charges. ..... 2815/2012 decided on 01.02.2013 by the principal bench of this tribunal); divisional forest officer and others versus m. ..... , he was honourably acquitted by the learned special judge holding that the prosecution has failed to prove the charges leveled against the appellant and thus the appellant could not be held guilty of the said offence. .....
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