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By : NANDKUMAR B.SAWANT, Lawyer/Attorney, ADVOCATE / LAWYER
Industry : Law Functional Area : India
Activity:  6 comments  1775 views  last activity : 07 06 2010 20:18:04 +0000
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NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail nandkumarbs@sify.com

REGARDING THE CRIMINAL CASE FILED AGAINST GOVT.EMPLOYEE IN THE COURT THEN AGAIN FOR THE SAME CAUSE DEPARTMENTAL ENQUIRY IS CONDUCTED. MEANS A PERSON IS PUNISHED TWICE FOR THE SAME CAUSE OF ACTION. IT IS A FACT AND IT IS CONTINEOUSLY GOING ON IN ALL GOVT.DEPTS FOR SEVERAL YEARS.INNOCENT FAMILY MEMBERS OF EMPLOYEES ARE SUFFERING FOR FOOD FINANCE AND SAFETY.I HAVE HANDLED SEVERAL CASES ON BEHALF OF GOVT EMPLOYEES .IN ONE CASE COMPLAINT WAS FILED AGAINST TWO POLICE CONSTABLES UNDER SECTION 383,384 OF INDIAN PENAL CODE AFTER A DELAY OF 14 DAYS FROM THE DATE OF ALLEGED OFFENCE. ANTICIPATORY BAIL WAS GRANTED BY HONOURABLE SESSIONS COURT TO BOTH POLICE CONSTABLES. DUE TO INTERNAL RIVALARY AND GRUDGE ANOTHER COMPLAINT WAS AGAIN FILED BY THE INVESTIGATION OFFICER OF THE SAID POLICE STATION IN ANOTHER POLICE STATION. POLICE AND HUGE POLICE FORCE CAME TO ARREST THOSE TWO POLICE CONSTABLES WHEN THEIR APPLICATION FOR ANTICIPATORY BAIL WAS REJECTED BY SESSIONS COURT.BUT I AS THEIR ADVOCATE FILED ANOTHER APPLICATION TO STAY THE IMPLIMENTATION OF THE ORDER AND ALLOW TIME TO APPROACH HIGH COURT.THE APPLICATION WAS STRONGLY OBJECTED BY GOVT.PLEADER BUT COURT ALLOWED THE SAME AND GRANTED TIME OF THREE DAYS  TO APPROACH HIGH COURT. THEN I NOTE THAT THE HMOVED HIGHCOURT AND  ANTICIPATORY BAIL WAS GRANTED  FOR THOSE TWO POOR POLICE CONSTABLES. KINDLY ONOURABLE HIGH COURT IN ANOTHER APPLICATION UNDER SECTION 482 OF CRPC STAYED THE CRIMINAL CASE AGAINST THOSE TWO POLICE CONSTABLES.BUT INSPITE OF STAY ORDERS OF HIGH COURT THE POLICE DEPT CONDUCTED DEPARTMENTAL ENQUIRY AGAINST THE SAID TWO POLICE CONSTABLES AND PLACED THEM UNDER SUSPENSION .THOSE TWO POOR POLICE CONSTABLES ARE STILL UNDER SUSPENSION FOR THE PAST TWO YEARS. IT IS INJUSTICE. I HAVE AGAIN MOVED HONOURABLE HIGH COURT BY FILING WRIT PETITION AGAINST THESE ILLEGALITIES BY LAW ENFORCING AUTHORITIES AGAINST THEIR OWN EMPLOYEES.THEY HAVE PUT ON ALMOST 20 YEARS LONG SERVICE IN POLICE DEPT AND THEIR FAMILIES ARE SUFFERING FOR PAST TWO YEARS .

I STRONGLY APPEAL TO THE LAW MAKERS AND THE NEW GOVT. IN THE PARLIAMENT TO REMOVE THIS INJUSTICE AND DUAL PUNISHMENT TO THEIR OWN EMPLOYEES.OUR TALENTED AND DESERVING REELECTED PRIME MINISTER OF INDIA DR.MANMOHAN SING , WHO IS REALY A KNOWLEGABLE PERSON HOLDING P.H.D. IN ECONOMICS IS MOST HUMBLY AND MOST RESPECTFULLY PRAYED TO  TWICE FOR THE SAME OFFENCE WHICH IS AGAINST THE PRINCIPLES OF CONSTITUTION OF INDIA.SERIOUSLY MOVE AN AMMENDMENT IN EXHISTING LAW PROVISIONS AND STOP PUNISHING INNOCENT GOVT EMPLOYEES

KINDLY SEND YOUR COMMENTS AS I AM PREPARING DETAILED REPORT AND FILING A P.I.L. FOR THIS GENUINE PURPOSE.

THANKING YOU

YOURS SINCERELY

NANDKUMAR  B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

 

 Top Comment : Ashfaq Shaikh   | 06 01 2009 13:14:45 +0000
I agree with your views. However I have come across cases wehen the Departmental enquiries conduct by the internal panel where Advocates are not allowed to defend th eemployee have always been set aside in the event an acquittal by the Conmpetent court is recorded. Still I agree with you because, till the disposal of the case by the trial court or subsequently by the Appellate Court the poor person has to suffer. The provisions should be made for the compensation if the charges fail in the court of competent jurisdiction after trial or reversed by the Court of appeal in case of conviction. The departmental enquiries should not be used as a tool to harass the employee, but to bring out the truth.
 
6 comments on "CRIMINAL CASE AND DEPARTMENTAL ENQUIRY AGAINST EMPLOYEE."
  Commented by  Karamjeet Singh Saluja, INTELLECTRUAL PROPERTY RIGHTS CONSULTANT, CARE PRO BIOSCIENCE (P) LTD    | 06 02 2009 04:56:40 +0000
Rating : +1 
definitely , appreciating step . go for it.
  Commented by  NANDKUMAR B.SAWANT, Lawyer/Attorney, ADVOCATE / LAWYER    | 06 02 2009 04:00:15 +0000
Rating : +1 
THANKS FOR YOUR VIEWS.KINDLY DO WRITE AND SEND DETAILS IN CASE ANY LEGAL HELP IS REQUIRED.

WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS.

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251 

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com
  Commented by  Devi Kaladeen, Audit Manager, Health Sector Development Unit    | 06 01 2009 17:18:15 +0000
Rating : +1 
This is an interesting read for me. Good to know what goes on in other countries.
  Commented by  Dayamoyee Mondal, General Practitioner, Physician of Alternative Medicines (Private Practitioner)    | 06 01 2009 14:45:56 +0000
 I agree with your views
  Commented by  Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group    | 06 01 2009 13:14:45 +0000
Rating : +1 
I agree with your views. However I have come across cases wehen the Departmental enquiries conduct by the internal panel where Advocates are not allowed to defend th eemployee have always been set aside in the event an acquittal by the Conmpetent court is recorded. Still I agree with you because, till the disposal of the case by the trial court or subsequently by the Appellate Court the poor person has to suffer. The provisions should be made for the compensation if the charges fail in the court of competent jurisdiction after trial or reversed by the Court of appeal in case of conviction.  The departmental enquiries should not be used as a tool to harass the employee, but to bring out the truth.
  Commented by  Anagha Thakur, Corporate Lawyer    | 06 01 2009 11:59:12 +0000
Yes Mr. Nandakumar, even i too agree that this should be removed as there is Injustice done to the Government employees here, even i have the same views as yours.... 
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