Staff Reporter
Guwahati: The state government has recently noticed that some government employees continue to hold posts and draw salary despite being convicted on criminal charges by a court of law. The state government has issued an executive order to take prompt action, which includes issuing penalty orders within one month of a government employee's conviction.
In this regard, the Department of Personnel has issued an executive order on the procedure to be followed upon criminal conviction of a government employee, after the approval of Chief Minister Dr Himanta Biswa Sarma.
The order states that, despite being convicted on criminal charges by a court of law, convicted government employees continue to hold their posts and draw salary or subsistence allowance, as applicable, for prolonged periods of time, while the concerned disciplinary authorities fail to take necessary and prompt disciplinary action in such cases.
"Therefore, as directed by the Hon'ble Chief Minister, Assam, the Government of Assam has laid down the following directions on the procedure to be mandatorily followed by Disciplinary Authorities against a Government Employee upon his/her conviction on a criminal charge, without prejudice to the Disciplinary Authority's independent exercise of discretion under Rule 10 of the Assam Services (Discipline & Appeal) Rules, 1964," the order says.
The order goes on to state that it is not in the interest of administration that persons convicted of criminal charges should be allowed to officiate without taking prompt and proper disciplinary action. Hence, upon receipt of the court order of conviction of a government employee on criminal charges, the Disciplinary Authority shall immediately place such a government employee under suspension, if not already under suspension, or continue and review the existing suspension order, as the case may be.
Irrespective of whether any departmental proceeding has been drawn up against the convicted Government employee, the Disciplinary Authority shall directly take necessary action to pass penalty orders against the convicted Government employee.
"Upon receipt of the court order of conviction, the Disciplinary Authority shall independently apply its mind to the facts and the nature of the offence and shall issue a reasoned speaking order under Rule 10. Where the offence for which the Government employee was convicted involves any of the following categories, dismissal under Rule 7(vii) will ordinarily be the commensurate administrative response: a) moral turpitude; b) corruption; c) misappropriation of public funds; d) forgery or financial fraud; e) offences against the State; f) grievous bodily harm; g) sexual offences, or crimes against women or children; or h) any other offence involving gross misconduct or a serious breach of public trust," the order reads.
The order further states that penalty orders must be issued within one month from the date of conviction of the government employee by the court of law, in consultation with the APSC wherever such consultation is necessary, provided the conviction itself has not been expressly stayed by an appellate court. "It is clarified in this regard that a stay of sentence granted by an appellate court does not amount to a stay of the conviction itself. A mere stay of sentence shall not be treated as a ground for deferring, halting, or delaying the issuance of penalty orders under this Executive Order."
The order, finally, asks Disciplinary Authorities to ensure that under no condition should the government be made to unnecessarily pay salary or subsistence allowance to any government employee convicted by a court of law.
All departments have been asked to bring the guidelines to the notice of the disciplinary authorities under their administrative control.
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