Revocation of Suspension and charge sheeted later.

Advocate. Arunagiri (Querist) 26 September 2010 This query is : Resolved

My client of TN Govt caught in a Trap, taken to 2 days judicial custody. He was suspended. Few months latter on my representation to the authorities that there is no material evidence or even eye witnesses against him, his suspension was revoked. He worked for 9 months after the revocation. Now the Police filed the charge sheet before the court.
What will be his status? Whether he will be suspended once again just because of the charge sheet? Is there any case law for this situation?

Arunagiri
Advocate

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s.subramanian (Expert) 26 September 2010
No. He cannot be suspended again on the filing of the charge shet.

Advocate. Arunagiri (Querist) 27 September 2010
Thank you Mr.Subramanian. If you can give me any case law in this regard, it will be of immense help for protecting my client, because it is a current case.

Kirti Kar Tripathi (Expert) 29 September 2010
The filing of the charge sheet in criminal case is different from disciplinary proceeding under the service conditions of an employee. On the ground of filing of the charge sheet in the criminal case, he cannot be suspended. However, he can be suspended under his service condition, in case any disciplinary proceeding are contemplating

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