Suspension from job.
sunil kumavat
(Querist) 29 November 2015
This query is : Resolved
Resp sir,
My friend is suspended from Govt.job since 30/10/2013.
as per your guidelines he has approcahed dept. as well as Mat for reinstate in job.
dept conved him that as they have not issued him CHARGSHEET they cant reinstate him befor that,
Mat aslo rejected his application on the same ground.o29/9/2015
what shouid he do to reinstate. as it is more than 2 yr. time till he is suspended.
please guide .
sunil
Devajyoti Barman
(Expert) 29 November 2015
Without making at least preliminary inquiry the suspension is bad in law. Challenge the order in high court. he will be reinstated.
Isaac Gabriel
(Expert) 29 November 2015
Filing writ petition in the HC will alone solve the problem
Guest
(Expert) 29 November 2015
You are hiding the basic facts if the department says they have not issued charge sheet. The question arises, for what specific reason he has been suspended, whether suspended on some misconduct in the department or on arrest by police and for what offence? If suspended on arrest by the police, what happened to his criminal case?
Sudhir Kumar, Advocate
(Expert) 29 November 2015
first of all no preliminary inqui4ry is necessary before suspension.
secondly the reasons need not be spelt in suspension order.
the matter is not in the original jurisdiction of the High Court. CAT has the jurisdiction.
Then it cannot be sure whether he will be reinstated. Mr Dhingra has rightly observed that full facts of the case are not here.
Sudhir Kumar, Advocate
(Expert) 29 November 2015
it is not query of frinds rather himself
refer
http://www.lawyersclubindia.com/experts/Effect-of-DV-case-on-Govt-Job--541141.asp#.VlsrF27K2xk
Sudhir Kumar, Advocate
(Expert) 29 November 2015
also refer
http://www.lawyersclubindia.com/experts/Service-matter-572661.asp#.Vlsqs27K2xk
sunil kumavat
(Querist) 30 November 2015
Store keeper has not taken the entries of Goods received and given payment to the suppliers, this is happend in 2012 where my friend has transferd from there in jan 2009 he was working as DDO, dept put inquiry and filed FIR u/s 409,468,471,420,120 (B) on DDO who has taken charge from him in jan 2009 ,by this time he was also transferd and a third DDO was has just taken charge from him. initially dept suspended the DDO who has taken charge from my friend and the store keeper
dept put second committee in 2013 and they found that some goods is not received in his tenure and added my friends name and the third DDO name in it and added their names in the FIR
my friend send his representation to dept but as the matter was given to police they arrested him in oct 2013 so dept suspended both the DDO
the crimial case trial is not yet started and will take 5 to 10 yr. to complete .
thanks
