rakesh (middle) 05 December 2015

498a

Hii I was terminated from central service on the basis of arrest by my wife complaint under 498a. I was remanded on June 25 2013 & released on bail 26. The dept first suspended and then terminated. She had an extra marital affairs & she marrid him. She filed divocrce case and unfortunately became ex-partie divorce. Finally I came to knew it was a planned drama . Now I lost my job and my parents and siblings are accused. Trial start on February. Wht I do ?

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8 Replies

Adv. Sagar R. Jadhav (Proprietor) 05 December 2015

You must have application for reinstatement before said department. now also you can file said application before concern department and state your prayers and circumstances.

You must file appeal against exparte divorce and contest the same. Rather sitting at home you will move towards your goal.

sai narayana 05 December 2015

Dear Rakesh, Can you elaborate further? You are in custody for less than 48 hours, who informed the matter to your authorities? When trial is pending in court, how could they come to conclusion in their departmental proceedings?

sai narayana 05 December 2015

Kumar Doab (FIN) 05 December 2015

There are threads on 498A that you may find relevant.

Did you avail the services of an able counsel?

https://www.lawyersclubindia.com/experts/Service-matters-urgent-advice-needed-535966.asp#.VUjXoPB-hkg

https://indiankanoon.org/doc/71635321/?type=print

https://indiankanoon.org/doc/2803750/?type=print

https://indiankanoon.org/doc/116602584/?type=print

https://www.lawyersclubindia.com/experts/Road-accident-case-can-affect-my-job--565526.asp

Sudhir Kumar, Advocate (Advocate) 06 December 2015

Originally posted by : sai narayana

Dear Rakesh,
Can you elaborate further? You are in custody for less than 48 hours,

If there is 48 hours custody is binding for deptt to treat the personas deemed suspended and deptt can take him back after passing revocation order.

The does not mean that deptt cannot order suspension. In this case suspension can be there even without arrrest at all.

who informed the matter to your authorities?

It is immaterial who informed. He himself was required to inform when released on bail and failure to do so attracts another disciplinary action.

When trial is pending in court, how could they come to conclusion in their departmental proceedings?

The deptt in this case is not bound to wait for conclusion of court case.

further queriest himself has not come with clear facts.

Either

there was a disciplinary action and he has been given penalty of removal/dismissal

he was on probation and due to suspension and criminal case could not clear probation and got terminated

Sudhir Kumar, Advocate (Advocate) 06 December 2015

please state the facts clearly

b.goheel 16 December 2015

assuming the petition by wife is ex-partee, thn her allegation as well demand r considered and order hs been passed accordingly.
thn fail to understand the release.
m under impression tht only court order can relieve frm 498-a case.
pl. correct my belief.