Form – Order for setting aside the penalty consequent on aquittal in the criminal case

Standard Form of order for setting aside the penalty imposed as a result of disciplinary proceedings, consequent on the acquittal in the criminal case.

Ministry/Department/(Name of organization)

(address)

MEMORANDUM

No……                                                                                               Dated…………

WHEREAS Shri/Smt./Ms.…………………………………(here enter name and designation of the Government servant) has been acquitted on a criminal charge under section ……………………(here enter  the  section  or  sections  under  which  the  Government  servant  was prosecuted/convicted)  of …………………………. (here enter the name of the statute concerned) by the ……………………………(here  enter  the  name  of  the  Criminal  Court)  in  ……………………No………………dated the …………………

AND WHEREAS the penalty of ………………. (here enter the penalty) specified in Rule __ of the …………….. (name of Rules), …. (year of Rules), was imposed on the said Shri/Smt./Ms. ………………………..(here enter name and designation of the Government servant) vide this Ministry/Department’s Order No………………… dated ……………., on the basis of the facts which led to his/her conviction on a criminal charge;

AND WHEREAS, the said conviction has been set aside by the…………………Court in its order dated ……………. and the said Thiru/Tmt/Selvi……………(here enter the name of the Government Servant) has been acquitted of the said charge:

NOW, THEREFORE, the President of India/undersigned in consultation* with the Union Public Service Commission hereby set/s aside the Order No………………… dated ……………….., imposing the penalty of …………………. (here enter the penalty imposed) imposed on Shri/Smt./MS.………………………….

Disciplinary  Authority

[To be signed by the Officer authorised to authenticate on behalf of the President of India where the President of India is the disciplinary authority. In other cases, it is to be signed by the competent disciplinary authority who passes the orders]

Copy to:-

1.       Shri/Smt./Ms.………………….

2.       The Secretary, UPSC, Shah Jahan Road, New Delhi, with reference to their letter No………… dated ……….. (in case the Commission was consulted)

3.       The Secretary, Central Vigilance Commission, Satarkata Bhawan, INA, New Delhi, with reference to their O.M. No……………… dated ………………. (in case the officer concerned is within the purview of the Commission)

4.       The Pay & Accounts Officer concerned.

*Consultation with the UPSC only where the President of India is the disciplinary authority.

Note: In the above Form, portion not required should be struck out according to the circumstances of each case.

Disclaimer:        This information is subject to the terms and conditions, contained in the Disclaimer of dtf.in.