• Suspension

I am class-I officer in an autonomous body of central government under probation (5 months remaining), i am an efficient officer working on some projects. I was under judicial custody for 6-8 hrs in false 498(a) case. I have verbally told everything to my all superiors about this, should i inrimate my incharge in writing? would i get suspended for this?
Asked 2 months ago in Labour from Mumbai, Maharashtra
You won't get suspended for this you can inform same in writing about the said custody. Department cannot proceed against you till the time you are convicted in the offence.


Further file a quashing petition before high court to quash the False FIR of 498a.
Shubham Jhajharia
Advocate, Ahmedabad
7569 Answers
23 Consultations

5.0 on 5.0

You would not be suspneded as you have not been in custody for more than48 hours 

You can inform your superiors in writing of FIR filed against you
Ajay Sethi
Advocate, Mumbai
52168 Answers
3108 Consultations

5.0 on 5.0

What is the present status of the case this depends on this.
Koshal Kumar Vatsa
Advocate, Gurgaon
427 Answers
1 Consultation

5.0 on 5.0

hello
 a govt officer is suspended if he/she spends more than 24 hours in jail. you spent a few hours in police custody, therefore, no harm can come to you from anyone, in this case the department also cannot do anything.

regards
Rahul Mishra
Advocate, Lucknow
1534 Answers
7 Consultations

5.0 on 5.0

Firslty, as per the statement that you were in the temporary custody which might have beeen required by the police officials to interrogate.

Secondly, you need not to worry about the same as it doesn’t mean conviction.

Thirdly, only conviction is the ground for suspension not few hours custody.

Fourhtly, you need not to give in writing until you receive any Dena’s in writing from the department.
Sanjay Baniwal
Advocate, South Delhi
2312 Answers
5 Consultations

4.9 on 5.0

Dear Client,

For automatic suspension, employee has be held for 48 hours in Judicial custody at least. 6 - 8 hours ?
Was it just interrogation or bail granted by court. Inform them via email.
Yogendra Singh Rajawat
Advocate, Jaipur
5789 Answers
4 Consultations

4.7 on 5.0

A government employee is liable to be placed under suspension if he remains in custody for more than 48 hours. Since you got bail after 24 hours you will not be suspended. However, immediately inform your officer in charge as you can be acted against for concealing the information of your arrest and detention.
Mohammed Mujeeb
Advocate, Hyderabad
2092 Answers
1 Consultation

4.8 on 5.0

Dear,
 In your service rules, it is clearly mentioned in what condition, employee should be
 suspended.
 This is your personal matter and you are in custody only for 6-8 hrs.
 I think you are safe.
 You should intimate your in charge about this.
Tarun Agarwal
Advocate, Jaipur
584 Answers
1 Consultation

4.9 on 5.0

Since you were in custody just for 6-8 hours, this incident is not to result in your suspension. 

You could have been suspended only if you were kept in custody for over 48 hours.

Check your service rules for more clarity and act accordingly.
Vibhanshu Srivastava
Advocate, New Delhi
7014 Answers
86 Consultations

5.0 on 5.0

Till the preceding up the case until your charged guilty you need not to give anything in writing to your organisation
Vimlesh Prasad Mishra
Advocate, Lucknow
3274 Answers
7 Consultations

4.9 on 5.0

I would not advise you to inform them at this stage.
You will not get suspended for the charge until and unless the same is proven in the court of law. 
They may issue a show cause notice upon you and you may then file your reply. 

Regards
Anilesh Tewari
Advocate, New Delhi
11942 Answers
154 Consultations

5.0 on 5.0

Yes better to inform rather than they pointing it to you and seek justification for same
Yusuf Rampurawala
Advocate, Mumbai
2073 Answers
6 Consultations

5.0 on 5.0

If the judicial custody was for more than 48 hours then you may be suspended, but since this is just a formal custody and not by an order, this will not be viewed seriously.

For the present you need not worry about this.

Since you have already informed your superiors about this orally, dont go for any further intimation through writing etc.
T Kalaiselvan
Advocate, Vellore
42467 Answers
462 Consultations

5.0 on 5.0

1. Since the duration of custody has been less than 48 hours it will not result in suspension.

2. A person rarely remains in jail nowadays for the offence under 498A as anticipatory bail is granted ordinarily by the Sessions Court or High Court. Do not know how you got remanded to judicial custody.

3. Send an intimation to your head about the registration of FIR.
Ashish Davessar
Advocate, Jaipur
24509 Answers
679 Consultations

5.0 on 5.0

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