A government employee is liable to be placed under suspension if he remains in custody for more than 48 hours.
If i will suspended from my gove job if other person files a case under ipc 306 and 420.
I am a gove servent and working since last 5 years and i am permennd employee as teacher. In the case my girlfirend syuside on 18/8/2018.and then her father files a FIR case on 26/03/2019 under ipc 306 and 420. Then i will be arrest on 27/02/2019 and now i release on 28/03/2019 on bale condition.one thing first time her father give aplication against me for inquiry then police reported to Dsp sir that its not be able a case against me. Bt some presser by her father lodged Fir on me .then i will suspended from my job ? And How can i save my job?plz give me advise.and further process. Thanks in advance.
Asked 6 years ago in Criminal Law
Religion: Hindu
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9 Answers
You can't be suspended or dismissed till you are convicted in the said matter.
you would not be suspended merely because FIR is lodged against you
2) you should apply for and obtain anticipatory bail from sessions court
Dear Client,
You were in police custody for more the 48 hours, so suspension cannot be questioned and now only on honorable acquittal of yours or police submit closer report than only your job will be resume.
File FIR quash petition in HC.
See since you were arrested under general rules you stayed in custody / detention more then 48 hours you can be suspended from the job. If the suspension letter is given same can be challanged and you approach for quashing of FIr.
as you are already on the bail within 24 hrs, so now, your suspension or dismissal depends upon the outcome of the case.
try to resolve the matter.
you were arrested on 27/02/2019 or 27/03/2019?
i answered taking it as 27/03/2019
1. The criminal case would have negative affect on your Govt. Job, ONLY after the Court gives order stating that you are convicted and imprisoned.
2. Till then you could be suspended (but not terminated) and this will depend on your services rules. Nothing is automatic in govt. jobs and due procedure of law has to be followed.
Until there is a report to your office about this and if you have not been arrested for more than 48 hours, your department cannot suspend you from the job.
If they still suspend you then they may have to issue a memorandum to you seeking your explanation that why this action should not be take agaisnt you and they may suspend you pending departmental enquiry on this.
Suspension is not termination, you will continue to get subsistence allowance during the period of suspension.
You may concentrate in the criminal case agaisnt you and try to get acquitted in the case.
- As per the information mentioned in the present query, makes it clear that you are now on bail which itself give you the answer if your query.
- As bail is assumed to be a right of an accused as he/ she is presumed to be innocent till the time proven guilty.
- And that is also for a reason then it is not absolutely sure that he has committed the alleged offence, and for this reason you have also been granted bail.
- I may have to see the chargesheet if filed or FIR, to advice more precisely.
- Then accordingly you may have a chance to go before the High Court for quashing of the FIR on merits.