Whether removal from services on the basis of confession letter
On the first day of departmental enquiry i was forced to submit confession of articles of charges without getting the copies of complaints made against me and on the basis of that letter i was removed from my services. After long 19 years legal battle the copies of the complaints supplied to me. There is no FIR/GD/Case against me made by either management or the complainants to the local P.S. Now my question is that whether this confession is enough for my removal?
Asked 3 years ago in Civil Law from Suri, West Bengal
Whether removal from services on the basis of confession letter is legal?
Asked 3 years ago
The proved of allegations are where is concerned then the confession in other aspect.Considering all the facts and circumstances of the case it may be charged with an offence.
follow one judgment : Avinash Sadashiv Bhosale (D) through LRS Vs. Union of India & Ors.
[Civil Appeal No. 7005 of 2012 arising out of SLP (C) No. 20394 of 2005]
If there is confession statement by you then such statement is binding on you till you challenge such process of obtaining confession statement. Your removal based on confession statement is valid
the issue that arises in your case did you immediately with draw the confession ? did you in your letter mention that letter was obtained by coercion ? if you did not with draw the confession it would be binding upon you and your removal from service valid
Once you have made the confession the management can terminate you from service by using it against you. A letter whereunder an employee confesses to the allegations leveled against him is the best evidence that can come against him. As a corollary thereto, unless and until a challenge is set up to the confession the same will indubitably hold its ground.
Though forced confession has no meaning,but you will have to prove that it was a forced confession for taking any legal help
Advocate, New Delhi