Curbs on probe against tainted Gujarat official lifted
August 9th, 2010 - 5:12 pm ICT by IANSGandhinagar, Aug 9 (IANS) Curbs on departmental action against a government employee allegedly involved in lapses can be lifted if there is an undue delay in the disposal of a criminal case against him in the matter, the Gujarat High Court has ruled.
A division bench comprising Justice Bhagwati Prasad and Justice S.R. Brahmbhatt said this in a case related to provident fund (PF) department employee Ajit Patel, lifting the restraint imposed on departmental probe against him.
Patel, who was working as section supervisor, was caught red handed by the Central Bureau of Investigation (CBI) while demanding and accepting illegal gratification for settlement of PF dues of some employees.
The petitioner was chargesheeted in 2001. He approached the Central Administrative Tribunal (CAT), Ahmedabad, which dismissed his application in January 2005.
Due to pendency of the criminal case against Patel, departmental proceedings were stayed by the high court earlier.
The division bench in its order made available Monday said: “It cannot be ordered that the departmental proceedings are required to be stayed for indefinite period.”
“Accordingly, the stay order granted by this court is vacated and the department will be at liberty to proceed against the petitioner. The department will follow the requisites of law,” the court said.
The division bench upheld the argument of the counsel for the central government seeking lifting of restrain imposed on departmental inquiry against Patel.
Justice Prasad said: “The Supreme Court in case of Capt. M. Paul Anthony (supra) has held that if the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of criminal case, can be resumed and proceeded with.”
The department proceedings can be resumed to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated. In case he is found guilty, the administration may get rid of him at the earliest, the court said.
- SC refuses to lift stay on criminal proceedings against Yeddyurappa - Apr 29, 2011
- SC cautions high courts against curbs on trial - Feb 18, 2012
- Supreme Court decries abuse of court process by criminals - Apr 01, 2012
- High court dismisses trial judge's reference on lawyer's brief - Dec 16, 2010
- Gujarat ITI staff entitled to bonus, rules high court - Jan 17, 2011
- Court approves action against two auditors for Satyam lapses - May 31, 2011
- Reinstatement of employee must be unconditional: Court - Aug 28, 2010
- Trial judge free to examine Virbhadra in graft case: Court (Lead) - Jan 07, 2012
- Yeddyurappa land grab: Supreme Court asks high court to decide - Apr 29, 2011
- Apex court breather for Madhur Bhandarkar (Lead) - Apr 09, 2012
- UP foodgrain scam: Apex court seeks CBI's response (Lead) - Mar 14, 2012
- Malegaon blast: Purohit's custodial interrogation put off - Mar 21, 2012
- Chandigarh man on MCD rolls surprises court (Lead) - Nov 09, 2011
- Case against Power Corp staff for contractor's murder - Mar 31, 2012
- Court declines Muslim man's plea for custody of son - Jun 17, 2011
Tags: ahmedabad, ajit, bhagwati, cbi, central administrative tribunal, central bureau of investigation, criminal case, curbs, departmental action, division bench, government employee, gujarat high court, indefinite period, lapses, petitioner, prasad, provident fund, requisites, section supervisor, undue delay