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Suspension revoked

(Querist) 05 February 2016 This query is : Resolved 
Sir I am suspended in June 2015 and a charge sheet is served on 28 July 2015 and on serving charge sheet without not listening me they lodge fir in 406,409,420. I am arrested and get anticipatory bail. But dept officials did not start any dept enquiry and kept me suspended till now. What should I do. Pls suggest me how can I revoked my suspension.
Guest (Expert) 05 February 2016
If police investigation is already completed, suspension can be revoked on getting noc from police.
Sudhir Kumar, Advocate Online (Expert) 06 February 2016
The allegation that you are facing does not required any documentary evidence. There is in fact no documentary evidence in many crimes.

None will sign a receipt

“ received Rs ______ form ______ as bribe for doing ________ Govt work”

Or none will sign

I_________ govt servant hereby acknowledge receipt of Rs _____ form _______ for being embezzled”

neeraj (Querist) 06 February 2016
Sorry not arrested.
Sir can I file a wp in high Court for suspension revok. Yes police has file chargesheet in court so investigation is complete now.
neeraj (Querist) 06 February 2016
Dear sudhir sir, allegations on me not for doing any work for my profit but for not doing illegal work and I have taken money.
As example a consumer alleging me that I have taken money ten months before for installing a unvalid transformer and I not installed and not giving him receipt of that. And he never complaints about it and when I raided line man of corresponding area he make all this and at that time he never complaints it is dept official and line man who adversely affected implicate me in all this.
P. Venu (Expert) 06 February 2016
Your profile reveals that in the space of four months you have posted 64 queries on apparently one and the same subject but in different hues. Following are some among the queries posted during past one month:

"Sir as I have discussed before that my dept lodge a for against me for embezzlement of 3.76 lakh now police file charge sheet in court after 130 days of fir but in fir there is not a single proof of taking money not a single paper that proof I have taken money and in some statement they use false person as govt employee and take statement that 8 month before I have seen me taking money.. And a person against whom I raid that I don't know when transformer install but I am seeing him taking money. And many more false statement.. Even for which money they r claiming that has a time period till January after that there was no sign remain that whether he was a consumer or not."


"If in a dept any one suspended without telling a reason in order and after that they take some statement of embezzlement from some people and give a charge sheet and after giving charge sheet on receiving it they lodge fir without giving document and any thing they have find against me and without prior sanction of sec 197 without competent authority. And lodge fir . so can court quash fir on the basis of natural injustice as dept prejudice that I am culprict without listening me as a judge. Some ref of sc and hc I have taken but not on ref for quash but it is rule in service law. Pls suggest me."


"If high court quash a challan in lack of sec 197 then it can file again by police . or can not file again.or it is understood that fir is also quashed."


"Sir I am in probation and suspended by the dept and a false case of 406 is lodge against me . but dept enquiry is not enitiated till now . and they are not revoked my suspensions from 7 month. I want to know that can dept now terminate me without court decision and without dept enquiry completed. As I am in probation . as they do all that to terminate me. Suggest me what should I do to get back in job as I am going to file for quashment of fir.also. I should file a writ for suspension revoked in high court and what is chances of that."


"What type of allegation is said baseless in form of evidence in law. Such as I am saying that I have given you money for ticket but u don't give him back ticket and not give money after 6 month of that matter. He can't show any proof of money given and registration for ticket is not found on any record. Means what he says is only a story so can we say it base less."

"Sir what is difference between termination and dismissal. When a dept can take action of termination and in which condition it takes decision of dismissal. Can any one applied for new govt job after termination or dismissal. What is consequences of it if any one apply for new job."

"Sir a case is filed by my dept against me by taking statement only of consumers stating that I have taken money from them but not give them receipt.
Sir according to high Court orders for anticipatory bail I also fix the amount before session court. But now I want to compound the case and alleged money I am ready to give want to finish it. So can it is compounded or not. If dept do not ready for that then court can order for it. If 409 is present in it."

"Sir I want to know that what is 409 of Ipc and when it is revoked and what are the minimum essential ingredient for it. If Any one alleged for giving money to me as I am a govt servant without any proof any documents any evidence only his statement. The can it comes under 409."

May be that your actions are misunderstood and the criminal and the departmental proceedings you are facing is a frame-up. We are here to try to help you to our level best. However, we are helpless if you continue to play hide and seek with facts and is bent upon disclosing selected but incomplete facts.
Guest (Expert) 06 February 2016
Mr. Neeraj,

If that is the position, as pointed out by Shri P. Venu, you are definitely playing with your own career by inviting variedly misleading advice from different members when you are not coming out with real facts. Most of your queries are of academic nature, where you are probably over-confident to bind the threads together, but would tend to lose your own case at both the sides, i.e., the court as well as his own department.

Even if you have accepted the money without deposit in to the Government funds, what to say of the exepets not being aware of the background, even your own hired lawyer won't be able to help you to wriggle out of the grave situation with any of his tacts, if he is also kept in dark about reality. Sometimes, oversmartnes or being untrue with the defending lawyer proves to be too costly for the career of a person.

BUT BE AWARE OF AT LEAST ONE REALITY, ONCE YOU LOSE THE CASE AT COURT LEVEL DUE TO HALF BAKED FEEDBACK, EVEN GOD MAY NOT SAVE YOUR GOVERNMENT SERVICE, BESIDES MAKING YOU LOSE SYMPATHY OF YOUR WELL-WISHERS.

Anyway, best of luck, as you seem to prefer wasting time of the experts in the absence of the facts.
Rajendra K Goyal (Expert) 06 February 2016
Agree with the expert PS Dhingra.


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