ADVICE NEEEED
Querist :
Anonymous
(Querist) 26 February 2011
This query is : Resolved
RESPECTED EXPERTS,
Mr.A, a junior engineer in government department.
His senior authorities(Assistant Engineer, Executive Engineer,Chief Engineer) misappropriate the public money.And case is book under section 409/407/34 of IPC.
While investigation investigating authority arrest Mr.A(that is in Friday) though he is no where involve in offence.As the case book under serious nature Mr.A was denied bail by First Class Magistrate.
My queries are;
1-What is the legal remedies that is available to Mr. A under above circumstances??
2-Will Mr.A be suspended as from friday to monday his police custody will be more than 48 hours.(THOUGH HE HAS NOTHING TO DO WITH THE MENTION CRIME).
PLIZ ADVICE WITH RELEVANT PROVISION OF LAW AND CITATION BY SUPREME COURT AND HIGH COURT.
Thanks in advance.
Devajyoti Barman
(Expert) 26 February 2011
1. He can apply for u/s 439 crpc from the sessions court or the high court.
2.Yes but after submission of charge sheet he would be reinstated.
Querist :
Anonymous
(Querist) 26 February 2011
@Devajyoti Barman thank's you for reply sir!!
Sir, any citation for my query.??
Guest
(Expert) 26 February 2011
It normally happens, seniors make corruption but juniors are made scapegoat.
About the remedy, as suggested by Devajyoti Burman, the Jr. Engineer may file a petition in the Sessions Court or the High Court for his bail u/s 439 CRPC against the order of the Magistrate. The employee will however have to fight his case in the court of law through a talented advocate to prove his innocence.
About your query on suspension, being under custody for more than 48 hours, the Junior Engineer would remain under deemed suspension under the provisions of Rule 10(2) of the CCS (CCA) Rules, 1965, if he is a Central Government Employee, or if a State Government Employee, under the similar provisions of the corresponding Rule of Discipline & Appeal Rules of the concerned State. The suspension will remain valid till the date of his acquittal.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Ajay Bansal
(Expert) 27 February 2011
Agreed with Devajyoti.No need of any citation.
Querist :
Anonymous
(Querist) 28 February 2011
@PS Dhingra, CEO, Dhingra Group and Ajay Bansal THANK'S YOU FOR ENLIGHTENED.
