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.
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
What is the present status of the case this depends on this.
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.
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.
Advocate, South Delhi
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.
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.
In your service rules, it is clearly mentioned in what condition, employee should be
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.
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.
Advocate, New Delhi
Till the preceding up the case until your charged guilty you need not to give anything in writing to your organisation
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.
Advocate, New Delhi
Yes better to inform rather than they pointing it to you and seek justification for same
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.
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.