Fir registered against govt employee


An FIR has been registered against a Central Government employee under IPC 1860 sections 294(b),323, 354-A, 34

Whether the employee may place under suspension due to this FIR

 
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Consultant & Legal Analyst

Not at all. FIR has nothing to do for the purpose of suspension unless arrested by police and kept in custody exceeding 48 hours or more.

 

 
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Consultant

Rightly advised by Mr. Dhingra.

 

 
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before suspending any government officer, higher officers are required to conduct their department inquiry. said inquiry is conducted after giving proper hearing to employee and their witnesses. 

Moxit Shah

9913945154

 
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Consultant & Legal Analyst

Originally posted by : Moxit Shah
before suspending any government officer, higher officers are required to conduct their department inquiry. said inquiry is conducted after giving proper hearing to employee and their witnesses. 

Moxit Shah

9913945154

 

Mr. Moxit Shah,

Here it is not a case of departmental inquiry, but a criminal case registered with police against a Central Government employee for which he can be prosecuted through a court of law, not through departmental inquiry. Of course, even departmental inquiry can also be set up against him, if the offence attracts violation of departmental conduct rules meant to be observed by the employees.

Even about suspension in case of a departmental inquiry, your information is wrong, so far as Central Government employee is concerned. A Central Government employee is suspended for any grave irregularity well before the conduct of a departmental inquiry against him and some times even before taking up preliminary investigation before issue of charge sheet, so that he may not try to destroy the sensitive documentalry evidence or to influence the witnesses.

 

 
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