• Legal Case Sevice Matter

I am a CPSU employee. I have criminal cases pending in court of ACJM (SPE Cases) Jaipur under section 120B/420/467 etc of IPC based on FIR/investigation by CBI.FIR included Sections of PC Act also,apparently dropped in charge sheet by CBI as they could not get requisite sanction from employer . FIR was filed by CBI basis information from own source & court cases are named as CBI vs (...).. Although, my employer has conducted a depart. inquiry based on CBI report and imposed penalty (in 2008) after consultation with CVC, despite the same, the employer is still following sealed cover procedure due to pending court case (in line with Jankiraman case) of keeping promotions in sealed cover for two years and then giving ad-hoc promotions after consulting with CBI. My specific questions are:
1.Is this not double jeopardy (article 20 of Indian Constitution) -once I was subjected to sealed cover procedure due to depart. enq. & after it is over, again due to court case - based on same report/ investigation?
2.Does my employer need to take cognizance at all of cases which are filed by CBI (& not by employer/government)?
3.If all criminal offences are supposed to have been committed against the State then only state (& not CBI) is authorized to file a case ?
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

Dear Sir, kindly note that following queries raised by you is answered below.accordingly:

Departmental enquiry and outside criminal proceedings are two different realm and cannot be equated with one another.

No, your employer need not take recognizance of all the cases filed by CBI. But what do you want to explain with this point, pls tell.

Lastly, the state processes criminal proceedings against and CBI is also a part of state which is entrusted to file in his own name once CBI takes up the matter

Mayank Sapre
Advocate, New Delhi
256 Answers

Dear Client,

On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Government servant, the sealed cover or covers shall be opened and in case proceeding not concluded within 2 years than desirability to give ad-hoc promotion shall be only after consultation with CBI.

This is office memorandum of central govt. and not challenged so valid.

Employer has prerogative to take in to account all cases pending against the employee.

CBI has dropped the PC charges so now your case is dealing by state but dose not mean that for giving ad hoc promotion, consultation with CBI is not recommended because departmental proceedings or criminal prosecution is arose out of the investigations conducted by the Bureau.

IF CBI was never in the seen than no consultation.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1) departmental inquiry and prosecution by CBI are 2 separate issues 

 

2) employer needs to take cognizance of case filed by CBI against you 

Ajay Sethi
Advocate, Mumbai
100022 Answers
8164 Consultations

1. Sir it does not amount to double jeopardy this is prescribed procedure in memorandum and same has to be followed.

As after two years till conclusion your are getting an Ad-hoc promotion.

2. The employer can take into account all pending cases against employee and the CBI is government body and has power to institute criminal proceedings so same shall be taken into account.

3. CBI is authorised on behalf state as the offence committed is in preview of CBI and they can take action on same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This will not be a double jeopardy but you can approach the HC in writ petition by taking that ground and seek promotion in the same. 

Prashant Nayak
Advocate, Mumbai
34697 Answers
249 Consultations

1.  It is the procedure of law on the basis of the prescribed rules and procedures thereon that is being followed by the department, ther is no question of double jeopardy.

As per Article 20 (2) of the Constitution of India, which states "No person shall be prosecuted and punished for the same offence more than once, in your case sealed cover is not a punishment since the same is followed due to pendency of the criminal case against you, hence dont get confused over this concept.

2. Being your employer, he should be concerned about all the pending criminal cases against you because it may affect your employment if you are punished by court.

3. If the state has referred any case to CBI, then the CBI can very well prosecute you.

T Kalaiselvan
Advocate, Vellore
90225 Answers
2507 Consultations

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