Yea it is a criminal offence and therefore if convicted you have to undergo imprisonment which would result in your dismissal.
Regards
Dear sir I am a professor in a state university in Andhra Pradesh. I am lodged 498A case it is in process. Will I loose job if it is convicted?
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Yea it is a criminal offence and therefore if convicted you have to undergo imprisonment which would result in your dismissal.
Regards
If you are convicted of offence under section 498 A of IPC you would lose your govt job
you can file appeal against order of conviction and seek stay order pending hearing and final disposal of appeal
No, if you are already in job under permanent position than you will not lose job for 498a case against to you.
1. If you are convicted then you will lose job as you are a public servant.
2. Apply for and obtain anticipatory bail and thereafter either face trial or file a petition for quashing of FIR in the High Court depending on what is written in the FIR.
Yes , on conviction a public servant looses the job.
On acquittal on appeal does not ensure reinstatement of job as well.
In 498A simpliciter cases conviction rate is abysmally low.
Engage a good advocate.
If you are convicted then there are chances that you may be terminated if you are sentenced to undergo imprisonment as a punishment, however you may prefer an appeal and file a petition to suspend the sentence till the appeal is decided.
Trial will take years, if found guilty and convicted for jail term than could loose job. But your advocate can request the magistrate to grant benefit of probation as first offense.
As per law, A government employee detained for 48 hours is deemed suspended , which means he cannot join without revocation of suspension , and if he keeps on working without informing department then entire salary drawn is illegal.
- This rule is apply for even 498a , because 498a is a crime against woman , and department can without waiting for outcome of the criminal case initiate disciplinary proceedings.
- Hence, for conviction also same rule will be applied, but during trial after getting bail from the Court , there will be no effect on your job.
If you are convicted u/s 498a you will loose your job.
You can file an appeal under section 374 CrPC, against the order of the Session Court in the High Court having jurisdiction.
So far there is no effect but better you file a writ petition to quash the fir in High Court.
High court may quash the fir and that may help you.
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Dear Sir,
Unless you are held guilty by the court you need not worry.
1) Mediation efforts in the CAW (Crime Against Women) cell allow you settle your differences with your wife; if mediation efforts succeed, the investigating officer will not be recommendating registration of FIR u/s 498A. Normally, the maintenance is one third of your salary; so you will have to keep provision of around Rs.10,000 for your wife and daughter for maintenance,
2) Under law, if a person is arrested, he/she has to produced in the court within 24 hours of arrest. You can always apply for Anticipatory Bail if you are apprehending arrest. The bail is granted in majority of the cases unless the charges are really serious.
3) Even if the case is filed u/s 498A, you have the option of filing quash petition u/s 482 CrPc for dismissal of the case; based on the verdict, the police can file closure report and case against you will be dismissed. Your wife and in-laws should realise that filing of false complaint is punishable and the complainant can be prosecuted u/s 182 and 211 IPC.