Simultaneous Action Of Prosecution And Initiation Of Departmental Proceedings.

ashishks007
Dear All,

Sharing an important OM under CCS rules. Questions in this regards are as follows:

1) Matters personal in nature while in subjudice in any court, can be taken into cognizance by the employer for suo moto initiation of disciplinary action ?

2) How will the employer come to know that any court case is pending against any employee of the organisation, when the court has not made the organization a party to it?

3) Does it apply also to employees in the CPSU's in case if they are directed by concerned ministries?

4) Can the District scrutiny committee inquiring into the caste verification status of an employee be treated as an investigating agency under this OM?

5) Can there be an instance where the alleged act of crime/default/misconduct etc. (whatever the name we call it) by an employee outside the purview of the employer is not included as a misconduct under the certified standing orders? If yes and the employee is convicted or held under judicial custody or the matter is pending in any court, what is the remedy for the same.
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