I am a Govt. servant, working since last 3 years. I got married on 11.11.2016 and my wife filed a false case against me in CAW Cell (Crime against women) in March 2017. Things are not going well even though I tried to resolve the issue amicably. My case was sent to Family Court from CAW Cell, and back again to CAW Cell from Family Court as matter couldn't be resolved in Family Court. Now my wife will for sure file false case against me u/s 498a. As per recent judgement of Apex Court of India, immediate arrest can't be made u/s 498a. Now my question is whether FIR would be lodged against me even if there is no immediate arrest as per recent judgement. And if FIR is lodged whether I will be suspended from my Job. And how can I save my job or from getting suspended under such circumstances if my case proceeds further. Thanks in Advance
You will not be suspended right away, if at all your organisation plans to initiate some action you will be served with a show cause notice.
Do not worry because in my advise the organisation will not take any action against you in case of a matrimonial dispute.
Regards
1) merely because FIR is lodged against you it would not result in your suspension
2) there is no immediate arrest in 498A case
3) if you are convicted of offence then only would you be dismissed from service
Take Anticipatory Bail to avoid judicial custody.
Then apply for quash of FIR.
a government servant may be suspended when warrant has been issued against him and being in prison for more than 24 hours. after judgment of Arnesh kumar, accused shall not be arrested in offence punishable under section 498 A.
hence you cannot be arrested and court cannot issue warrant of arrest against you, in this condition you cannot be suspended only after filing of fir for section 498 A
And how can I save my job or from getting suspended under such circumstances if my case proceeds further.
if police comes to arrest you then immediately file an application before the court for prevent arrest. cite judgment of arnesh kumar vs state of bihar 2014 and immediately challenge any attempt of arrest .
1. For registaiton of FIR us498 Ano government sevrant is suspended.
2.Only if you are arrested which is most unlikely and remain behind bars for more than 48 hours you will be suspended.
3.So There is no immediate threat to your job.
This will have no impact on your job.
Only in case you're arrested in relation to the 498a FIR lodged by your wife, and not released within 48, you could be suspended and a disciplinary action be taken against you. However, this will never happen as there is no automatic arrest in such matrimonial FIRs and as long as you cooperate with the police in the investigation, they will never arrest you.
There is another recent judgement of the Supreme Court which says that a direct FIR in matrimonial cases cannot be lodged unless the veracity of the allegations levelled by the wife on husband is determined by the District Welfare Committee.
You need not take much pain about this.
If the mediation fails and the police registers FIR, you first obtain AB immediately before attending the inquiry before the police and then attend the session.
FIR against you shall not be any danger to yor employment.
If you are convicted to undergo imprisonment then there is a danger to yor employment and not at this stage.
Dear Concerned,
No you will not be suspended from your government job as the matter in which IF the FIR is filed is directly or indirectly involved to family matters and there is a common understanding today that the majority of the married women has been using 498A as a harassment tool ;. Hence need not to worry
