Consequences of detention in judicial custody for a govt. servant

This query is : Resolved 

18 December 2011

Sir, It is settled that the offence u/s 138 of NI Act is not involving moral turpitude. so what would be the departmental consequence of an accused/appellant detained in prison for more than 48 hours before he got the appellate judgement and the sentence imposed therein suspended and released on bail by the order of High Court?

If the departmental head places him (the accused/appellant)under suspension, what would be remedy to the employee so suspended.

Any authritative rulings in this regard, please help.

dawood ahmed (Querist)
18 December 2011

please note the accused/appellant is a state govt. employee from A.P.

DEFENSE ADVOCATE.-firmaction@g (Expert)
18 December 2011

As of today you are convicted , only your sentence has been suspended not set aside.

Shonee Kapoor (Expert)
18 December 2011

The person who spends time in Judicial Custody comes under deemed suspension.


Shonee Kapoor

Dhingra, (Expert)
Click to Talk
18 December 2011

If a Government remains under police or judicial custody for 48 hours or more he is treated to be under deemed suspension till further orders.

Sudhir Kumar (Expert)
15 January 2012

Offence under S/138 NI Act involves moral turpitude. A govt servant is expected to maintain absolute integrity even in his private affairs. Since conviction has taken place then no chargesheet is necessary for removing him. Such action may remain suspended due to suspension of sentence and it is justified to keep employee suspended till that date. Department can take mercy and allow him to join but that does not mean that the department looses its right to dismiss him after he loses high court case. Even if he wins in High Court still department has right o consider departmental proceedings.

raj kumar makkad (Expert)
15 January 2012

Department even has no hurdle to initiate the disciplinary action even on suspension of sentence by High Court and can dismiss him after awarding an opportunity of hearing by following relevant service rules as this offence comes within moral turpitude, Deemed suspension is already in operation so the role of your department is legal.

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