Conviction by Criminal Courts: Action to be Taken

No.E(D&A)93 RG6-65, dated 06.06.1994

Sub: Action to be taken in cases where Government Servants are convicted by Criminal Courts.

1. In Board’s Confidential letter No.E(D&A)76 RG6-4, dated 04.03.1976, it was clarified that the disciplinary authority may, if it comes to the conclusion that an order, with a view to imposing a penalty on a railway servant on the ground of conduct which has led to his conviction on a criminal charge, should be issued, issue such an order without waiting for the period of filing an appeal or, if an appeal has been filed, without waiting for the decision in the first court of appeal.

2. Doubts has been expressed whether disciplinary action against a Government Servant could be taken if there is –

(i) a stay of sentence awarded to the Government Servant, or

(ii) a stay of the conviction of the public servant, in cases where he has gone in appeal and challenged the conviction.

The matter has been considered by the Department of Personnel and Training in consultation with the Ministry of Law and the Central Vigilance Commission and the position as clarified by DOP&T, vide their OM No.371/23/92-ADV.III, dated 04.03.1994 is as follows.

3. Legally speaking, when a person is convicted by a Criminal Court, the same shall remain in force until and unless it is reversed or set aside by a competent court in appeal. The mere filing of an appeal and/or stay of the execution of the sentence do not take away the effect of conviction, unless the appeal is allowed and the conviction is set aside by the appellate court. In the case of Om Prakash Narang Vs. Union of India and ors. (1990) 12 ATC 365, the full Bench of CAT held that during pendency of appeal in a criminal case, only the sentence is suspended and not the conviction itself. In view of this, the competent disciplinary authority may proceed with the institution/ completion of disciplinary proceedings, including imposition of the penalty as prescribed in the relevant disciplinary rules, on the basis of conviction imposed on a public servant by a criminal court notwithstanding the fact that a higher court on an appeal filed by the public servant concerned, may order suspension of “sentence” passed by the trial court till the final disposal of appeal.

4. The above clarification may be brought to the notice of all the disciplinary authorities for their guidance.

Download Railway Board Circular dated 06.06.1994                                             

Forward reference ⇒ RBE No.