Criminal case -Service Rules
Mugundhan
(Querist) 12 September 2010
This query is : Resolved
Dear Experts, a person who is working in Pondicherry Union territory service has been involved in a criminal case and was remanded to judicial custody and spent 20 days in Jail. Now she is on conditional bail and signing daily before the court. But she has not been suspended from govt service and she is continuing in her job. The defacto complainant brought the matter to the notice of the Head of the department through letter sent by registered post. But still no action taken. what is the position of law and what steps the complainant can take?Thank u.
Guest
(Expert) 12 September 2010
KINDLY CONCENTRATE ON CRIMINAL CASE ONLY COURT WILL DECIDE ON MERIT.
ABOUT SERVICE MATTER ,IT IS A MATTER TO BE DECIDED BY THE CONCERNED GOVT DEPT.IT IS BETTER TO KEEP AWAY FROM UNNECESSARY HARASSMENT OF ACCUSED.SHOULD NOT GET PERSONAL IT MAY ENCOURAGE ENMITY AND UNNECESSARY CROSS COMPLAINT AGAINST YOU WHICH MAY ULTIMATELY AFFECT YOUR FAMILY LIFE PLEASE NOTE.
GOOD LUCK.
s.subramanian
(Expert) 12 September 2010
If the detention after the arrest of the government servant exceeds 48 hours,he/she should be suspended immediately. If it has not been done,even after your representation to the government,you are at liberty to approach the High Court for redressal.
Raj Kumar Makkad
(Expert) 12 September 2010
iN THE GIVEN CASE, IF YOUR REPRESENTATION HAS BEEN IGNORED BY DEPARTMENT, YOU HAVE NO OTHER OPTION BUT TO APPROACH HIGH COURT SEEKING DIRECTION TO THE DEPARTMENT TO SUSPEND AND MOVE FURTHER INITIATING DEPARTMENTAL ACTION.
P.ESAKKIMUTHU
(Expert) 12 September 2010
THE SERVICE RULES HAVE TO BE LOOKED INTO.IN MOST CASES, THERE WILL BE DEEMED SUSPENSION IF THE ARREST IS MORE THAN 48 HOURS.IF THE SERVICE RULE IS SILENT ON THIS ASPECT , THE ACCUSED CAN CONTINUE THE JOB, IF NO SUSPENSION/DISCIPLINARY ACTION IS INITIATED BY THE DEPARTMENT
