Suspension from govt. job
sunil kumavat
(Querist) 25 June 2017
This query is : Resolved
Resp. Sir,
I have been suspended from govt. job ( state govt. of Maharashtra ) since october 2013.
i have approached MAT to re insist me on job . the matter is for final hearing now .
is there any time limit, how long govt. should keep me suspended ?
if any judgement of high court or supreme court about cancellation of suspension .
thanks .
sunil
Dr J C Vashista
(Expert) 26 June 2017
What is the charge against you?
Which department you belong and what is your appointment?
Whether any departmental inquiry has been instituted against you? If so, what is the status?
The suspension (generally) can be extended after 3 months but not indefinitely or for year togather as stated by you.
No opinion can be formed without proper information, consult a local lawyer practicing service matters.
Sudhir Kumar, Advocate
(Expert) 26 June 2017
suspension can continue till retirement, if justified and if periodically reviewed.
sunil kumavat
(Querist) 26 June 2017
charge against me u/s 420 , 409, 468,471,34 .
vocational education and training.dept
my appointment is as a class 2 Gazzatted officer .
Dept . enquiry is initiated in june2016 . but still no hearing of that .
I have appeal my suspension in MAT Mumbai. is for final hearing .
thanks .
M V Gupta
(Expert) 26 June 2017
Please check the Civil service disciplinary Rules of Maharashtra. As you appear to have been charged for offenses under the IPC, your employer can keep you under suspension until your are acquitted honorably. Please search Indiankanoon.org web site for decisions.
P. Venu
(Expert) 26 June 2017
Is the suspension because of pending or contemplated disciplinary proceedings or because of criminal proceedings? Please post the complete facts.
sunil kumavat
(Querist) 26 June 2017
SUSPENSION IS BECAUSE OF CRIMINAL PROCEEDINGS .
Sudhir Kumar, Advocate
(Expert) 26 June 2017
you are not giving facts of the case. so no view can be formed. So no proper advise can be expected by you.
Rajendra K Goyal
(Expert) 26 June 2017
Department may keep you suspended till criminal case against you is decided.
Sudhir Kumar, Advocate
(Expert) 26 June 2017
Agreeing with Mr RK Goyal I will comment that suspension can continue in such case even if acquitted unless acquittal is on merit.
as far as allegation of 420 is concerned a govt servant is required to maintain absolute integrity even in private life. So if the charges fail in court due to technical reasons then deptt can consider departmental action on the same facts (even before finalisation of criminal case) and continue suspension.
Sudhir Kumar, Advocate
(Expert) 26 June 2017
In first query you have given no facts. you simjply stated that you are suspended challnaged the same and yet to get a decision. You never stated :-
1. If suspension is reviewd or not.
2. whether you appealed to the department or not.
3. why suspension was there at all.
Then you just stated the IPC section imputed and classification of your post and the DE is initiated.
You have stil not stated :-
1. whether case is official or private.
2. whether you are arrested.
3. whether you remained in custody for 48(+) hours.
4. whether you are on bail and whether you have informed this in writing the the deptt.
5. whether suspension is reviewed or not.
6. whether you are regularly getting subsistence allowance or not.
7. what was your role in the allegation imputed.
P. Venu
(Expert) 26 June 2017
What prevents you from stating the complete facts?
Sudhir Kumar, Advocate
(Expert) 26 June 2017
You can satisfy your ego by hiding facts. Anyway loser is you only. With half facts you may get half advise which can be wrong as well. Anyone having slightest sympathy with you may not be attempting any further advise without knowing the facts.
Rajendra K Goyal
(Expert) 27 June 2017
Fully agree with the expert Sudhir Kumar.
sunil kumavat
(Querist) 28 June 2017
SIR , THE FACTS ARE AS UNDER ..
1) Suspension is reviewed by dept. 2 times and rejected .
2) I have appealed to the dept. for re-insist and about the charges put on me by dept. with proper evidence
3) suspension because of misappropriation found in my period when investigating the fraud observer after my period.
1) Case is official
2) yes i was arrested
3) for more than 48 hrs.i remain in custody
4) yes i m on bail and dept. knows this fact . as they also received charge sheet .
5) yes. my suspension is reviewed by dept. review committee 2 times and rejected
6) yes . I m getting subsistence allowance regularly
7) my role was that i was DDO
thanks .
P. Venu
(Expert) 28 June 2017
You can make an appeal to be reinstated, failing which you can seek judicial review. However, there cannot be a definite view as to final outcome because of the pending criminal case.
Dr J C Vashista
(Expert) 28 June 2017
You will have to wait till final verdict of the main (Court) case, till then it would be status quo.
There would not be any benefit from filing departmental appeal.
sunil kumavat
(Querist) 30 June 2017
but how long Dept can keep me in suspension n give me subsistence allowance ? shall I appeal in high Court .
