• 498a & fate of govt. job

My marriage in S.M.act. My wife not live with me for last 6 months. She filed 498a. Police in a search of me. Myself State Government Group-A gazetted officer appointed by Honb. Governor. I apply for AB. It will take minimum10 days to get Bail. By managing my just senior boss(Block Head), I am trying to be present at office in attendance register for this 10 days.
1. May I tell this fact to my departmental more higher authority i.e Deputy director(district head) level?


2. If police catch me before getting my AB & put behind bar for more than 48hrs then I will be suspended or not?
3. If yes, then for how much time I will be suspended? Will suspension be continued after getting my AB up to decree of the case?Suspended period is break of service?
4. If my case resolved, getting me not offended, then Can I resume my service? 
5. If I proved offended after suppose 2 yrs case running, Is it sure that Proved 498a case can dismisse me from my job??
Asked 3 months ago in Family Law from Kolkata, West Bengal
Religion: Muslim
1) you can inform your seniors that 498A case has been filed and you have applied for AB 

2) if you are in jail for more than 48 hours you would be suspended from govt service

3)suspension can be revoked by the competent authority on merit of the case or on effective appeal, which can convince the appellate authority about continued suspension to be not in the interest of service.

4) in case you are convicted of offence under section 498A you would lose your job 

5)  In Shankar Doss v. Union of India (1985-II-LLJ-184) the Supreme Court (a three Judges Bench) has held that Clause (a) of the second proviso to Section 311 (2) of the Constitution of India confers on the Government the power to dismiss a person from service on the ground of conduct which has led to his conviction on a criminal charge and the said power, like every other power, has to be exercised justly, fairly and reasonably.
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
 In Union of India v. Tulsiram Patel (1985-II-LLJ-206)(SC) it was held that where a disciplinary authority comes to know that a Government servant has been convicted on a criminal charge, it must consider whether the conduct of the Government servant which led to his conviction was such as warrants the imposition of a penalty and if so, what that penalty should be. For that purpose it will have to peruse the judgment of the Criminal Court and consider all the facts and circumstances of the case and the various factors set out in Challappan's case (1976-I-LLJ-68)(SC). The Supreme Court further held that once the disciplinary authority reaches the conclusions that the Government servant's conduct was such as to require his dismissal or removal from service or reduction in rank, he must decide which of these three penalties should be imposed on him and that in doing so, the disciplinary authority must bear in mind mat a conviction on a criminal charge does not automatically entail dismissal, removal or reduction in rank of the concerned Government servant. If he fails in all the departmental remedies and still wants to pursue the matter, the Government servant can invoke the Court's power to judicial review subject to the Court permitting it. Where the Court finds that the penalty imposed by the impugned order is arbitrary or grossly excessive or out of all proportion to the offence committed or not warranted by the facts and circumstances of the case or the requirements of the particular service, the Supreme Court held that the court will strike down the impugned order.
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
why to seek AB, the supreme court has passed some guidelines in arrest in cruelty cases. police cannot arrest accused in respect of complaint under section 498 A. police is bound to initiate preliminary investigation thereafter if reliable evidence found then police can arrest but after the warrant or order of the court. 

you can challenge the findings of preliminary investigation in court.  
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1. You may communicate this fact if it does not prejudice you.
2. You will be under suspension if you remain in custody for more than 48 hours.
3. The suspension ordinarily continues throughout the case, albeit it may be revoked at anytime after the bail is granted. 
4. You cannot get AB after you are arrested and detained.
5. Once you are held not guilty by the court you are entitled to resume the service, whereas your conviction by the court will result in your dismissal. 

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

1. People forge documents, so the answer to your question has to be in the affirmative, but you can impeach it in cross-examination.

2. Any documentary evidence of transfer of money to your account can lead to an inference of the money being sought as dowry,
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Relax. As per last Supreme Ciourt order in connection with arrest to be made against 498A complaints, the apex courrt has already directed the police all over India not to make any arrest simply based on such 498A complaint without conducting an enquiry. police must be try to contact you the said enquiry for which you are thinking that Police is in search of you. You need not tell any of your bosses about the said matter and avail AB from the Court. Police will not make any arrest without conducting an enquiry in to the complaint lodged by your wife. The rule is that if you are kept behind the bar, you shall be suspended from your job till your matter is disposed of by the Court releasing you from the charges levelled against you,

2. & 3. There will be no arrest as stated above. Suspended period is not break of service if you are relinquished of all the charges,

4.  Yes, if you are arrested after the police conducts enquiry and finds some fact about the complaint anb arrests you before you can manage to get AB and then finally you are released of all the charges by the Court

5. If you are found guilty of the criminal charges levelled against you and punished with jail term, your service will be terminated.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Do not become panicky while facing the problem. They can produce fake documents which you shall have to detect and counter fittingly in your defense,

2. You shall have to explain why did you sign the blank paper or blank stamp paper to allow them to fill it up. Generally, any documents stating some fact written by some other person and signed by another person makes the person liable who had signed the document. However, you can defend that no body gives acknowledgemt of receipt of dowry,

3. If it is proved that you have taken money from your wife or her parents, then you shall be accused of having taken dowry,

4. Any type of money transfer evidencing that you have accepted the stated amount will prove that you have taken the said amount of money.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) if your signature is forged you cna file criminal complaint against your wife and in laws for forgery 

2) if you have signed on blank document and details filled in later you would be held liable . 

3) cheque transfers , cash transfers wherein you acknowledged receipt of cash amount would make you liable 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1) if wife does not contest nullity case court would after considering evidence on record pass orders on your petition and grant decree that marriage is null and void 

2) your wife has already filed 498A against you 

3) if FIR is registeted you can enter into MOU that sum of Rs 3 lakhs would be paid on FIR being quashed 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. May I tell this fact to my departmental more higher authority i.e Deputy director(district head) level?

You do not have to inform the office management officially about this, but can inform your boss privately so that you can get some help from the official side unofficially.




2. If police catch me before getting my AB & put behind bar for more than 48hrs then I will be suspended or not?

Yes, but once you have already applied for AB, the police will be duly notified about it for getting their reply, hnce the police may not indulge in the arrest act once knowing that you have moved court seeking AB.









3. If yes, then for how much time I will be suspended? Will suspension be continued after getting my AB up to decree of the case?Suspended period is break of service?

If there is an action of suspending you, then it may continue till the end of the case. 



4. If my case resolved, getting me not offended, then Can I resume my service? 

Yes









5. If I proved offended after suppose 2 yrs case running, Is it sure that Proved 498a case can dismisse me from my job??

There are possibilities for that too but you can still file an appeal and get acquitted. 


T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. The procedure is flawed and illegal. If both of you are on the same page then a petition for mutual divorce may be filed which takes only 6 months to conclude.
2. 498a can be filed at anytime during the subsistence of marriage.
3. If she does not accept the summons or does not come to contest after service the court may proceed ex parte against her.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. No. This procedure is not right. No body should take money and state that for his/her taking the said money he/she will give up his/her right to sue,

2. Even if she executes such agreement, you can not enforce it if she opts to file a case against you,

3. Yes, she can file 498A complaint against you even after executing the said agreement,

4. Yes, the case will be decided ex-parte.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0