The acquittal of a State government servant who was tried on criminal charges in a court would not stop the employer from initiating departmental action against the delinquent employee. The Tamil Nadu government issued fresh guidelines in this regard earlier this month.
The order with fresh guidelines, issued by Chief Secretary V. Irai Anbu, superseded a G.O. issued in 2008, which said the views of the Vigilance Commission or the Directorate of Vigilance and Anti-Corruption were to be obtained for initiating departmental action in “trap cases” when the case is in court.
The latest order said the acquittal by a criminal court would not debar an employer from exercising power in accordance with service rules and regulations in force. The two proceedings - criminal and departmental - were entirely different and operated in different fields and had different objectives, it maintained.
"Whereas the object of criminal trial is to inflict appropriate punishment on the offender, the purpose of departmental enquiry proceedings is to deal with the delinquent departmentally and to impose penalty in accordance with service rules, if the charges are proved," it said.
As far as departmental action on corruption allegations is concerned, it is not necessary for the disciplinary authority to wait for the final disposal of the criminal case registered under the Prevention of Corruption Act, 1988.
If the criminal case is registered under the Prevention of Corruption Act, 1988, and if the original records are seized by the investigating authority, the disciplinary authority may obtain true copies of the documents and proceed with the departmental disciplinary proceedings. The latest G.O. lists 22 guidelines in this regard.
