Rejoining government job after suspension due to arrest in 498a case

Rahul Gupta (Querist) 28 August 2015 This query is : Resolved
I am in government job and false 498a case is lodged against me and my family in end week of June 2015. Court mediation has failed, police investigation has not started. At present i have not informed Employer about case. In job my probation period of 11 months is still left.I want to ask that

If government employee gets suspended due to arrest for more than 48 hours in false 498a case. Then when he is allowed to rejoin service- immediately after regular bail or only after name gets cleared from job?

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SAINATH DEVALLA (Expert) 28 August 2015
He can join back only after acquittal from the case.Till then he will be paid subsistence allowance,i.e 1/3rd of salary.

Guest (Expert) 28 August 2015
Academic query has no relevance. Better discuss your own problem, if you are facing.

However for general query, the answer is that the suspended Government servant cannot join duty before the suspension is officially revoked by the competend disciplinary authority.

Rajendra K Goyal (Expert) 28 August 2015
All depends on disciplinary authority orders you can request him, he can if satisfied under provisions.

P. Venu (Expert) 29 August 2015
"If government employee gets suspended due to arrest for more than 48 hours in false 498a case." Why if? Please post the material facts, if this is a real-time query.

Sudhir Kumar, Advocate (Expert) 01 September 2015
Then when he is allowed to rejoin service- immediately after regular bail or only after name gets cleared from job?

IT DEPENDS UPON THE DISCIPLINARY AUTHORITY. THEY CAN CONTINUE SUSPENSION FOR ENTIRE TRIAL OR REVOKE NEXT DAY IN SUCH CASE.

DEPTT MAY WAIT FOR OUTCOME OF THE COURT CASE OR MAY INITIATE DISCIPLINARY PROCEEDING WITHOUT SUCH DATE.

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