Suspension on conviction
ravi
(Querist) 17 December 2014
This query is : Resolved
one Central govt employee was convicted in dowry case by a lower court and sentenced for below 3years. On same day he appealed against the judgement in higher court and the judge suspended the conviction order of lower court and granted bail on the same day itself. This has happend in October'14
Now after two months his office has issued suspension order suspending him from the day the judgement issued. Office says though his sentence is suspended but he is still convicted so the suspension.
the staff says that the higher court accepted my appeal and till it gives its final judgement I cannot be treated as convicted.
But his office and their standing counsel are not listening.
Please help.
Guest
(Expert) 17 December 2014
On the face of the query about the issue of suspension of staff, this does not seem to be the real life problem. It can only be a hypothetical academic query.
Better come forward with the real problem and also indicate, how you are concerned with the problem of the that staff.
ravi
(Querist) 17 December 2014
@Mr.Dhingra: it is not a hypo/academic query. It happened in this week only. I don't know how you came to this conclusion. Please elaborate how my relation with "that staff" decides the answer and will tell you my concern then.
Rajendra K Goyal
(Expert) 18 December 2014
It is strange they suspended from previous (date of decision) after two months. Challenge the same.
Guest
(Expert) 18 December 2014
Mr. Ravi,
Don't try to give a twist to what I stated. Have I asked about your relation with staff? I have never asked for your relation with the staff. I have asked how you are concerned with the problem.
Evidently, you don't have any concern with the problem, as either you are not aware of the full facts of the case, or you have not stated the facts. Moreover, suspension of an employee is not linked with the judgment. That is why the query is a hypothetical academic query only.
ravi
(Querist) 19 December 2014
Mr.Dhingra,
pl.go through the CCS(CCA) Rules which says that a person can be suspended if he is convicted. Rule 10(2)(b).
with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
His office stating the above gave suspension order wef his conviction date.
So please see and if you don't have answer do not comment. Your comments dilute the seriousness.
I request others to look in to this matter
Guest
(Expert) 19 December 2014
Mr. Ravi,
Better don't try to be oversmart. Rule 10(b)(2) comes later than Rule 10(b)(1), on which you have not given any information whether he was detained in custody or not on registration of dowry case, when the crime is cognizable and non-bailable. Even if you treat me ignorant about Rule 10(2)(b), yourself being knowledgeable person about that rule should also have known that the answer lies in that rule, itself. So, where was the logic in putting such a vague query in this forum? You should not have forgotten that investigation and trial occurs first than conviction, while the act is non-bailable and non-compoundable.
Your query proves to be quite a hypothetical query, as the sentence of imprisonment can never be possible to be got suspended from the higher court from the same date of the order without getting copy of the order on the same date, without preparing a well logical appeal and filing the same on the same day, without getting the same registered on the same day in the higher court, and without the judge of the higher court sitting in wait for your appeal the same day, not having been taken in to custody after the order of the lower court, not having been completed the formalities of release from custody after order of the higher court. So, where lies the reality in your problem? Yours was merely a childish hypothetical query, not fitting from any angle to be a legal query.
That is why I pointed out "either you are not aware of the full facts of the case, or you have not stated the facts."
In your previous response also, you tried to sidetrack the issue by saying that I asked you about your relation with the staff, while asked you only about your concern with the problem. But, still you are silent on that issue when I asked you, "how you are concerned with the problem."
Must note, part or hypothetical information should not be expected to evoke correct advice. So, unless you have any concern with the problem, you cannot be expected to give proper feedback, if any more information is sought by any expert.
YOU MUST ALSO REMEMBER, this forum is not meant for solving law student's academic exercises.
ravi
(Querist) 19 December 2014
for para1: I already told that same day the judgement suspended by higher court so no question of detaining etc
para2: His lawyer beforehand prepared bail papers and appeal papers to file them in case the judgement goes against him.
My point was :Inspite of having clear rules, His office is behaving in such an unbelievable way and adamant in issuing suspension. SO I asked: what are his chances as this poor man oneside running for the dowry case, other side to CAT to stop the office action.
You are surprised at Court's speedy action? His lawyer is smart then!
I think the info given by me so far was not enough for you to come to a solution. No problem! some people don't require all details! we are looking for that type of people So, relax!!
This is not an academic query nor I a student.
Guest
(Expert) 19 December 2014
Extremely good, if the stated lawyer was so smart to get all the formalities completed within the same day from two different courts, when people get tired of delays at each different stage of litigation cases!
Let others believe your story, but still it is unbelievable for me, as you are still evasive in replying, how you are concerned with the problem, when it is not your problem, about implication of Rule 10(b)(1) when the crime was to be treated of non-bailable and non-compoundable character.
Solution was ready at hand with me even on your initial post, but not provides, as I did not prefer to help any such person, who just try to befool the members here.
