Suspension of conviction
sanjeev kumar
(Querist) 04 March 2014
This query is : Resolved
D/Law Experts,
If the employer removes a employee from service against his one year conviction in 498A and after removal from service if the employee gets his conviction suspended from the court of law , will the employer reinstate him?
with regards
Guest
(Expert) 04 March 2014
The Employer has the liberty to decide
Guest
(Expert) 04 March 2014
Suspension of conviction has no relevance for the purpose of reinstatement in service. Employer cannot exercise any discretion to reinstate an employee on suspension of conviction, as per the conduct, discipline and appeal rules for the Government employees.
The employee should have been honourably acquitted of the charge by the court of law to get himself reinstated in service.
Rajendra K Goyal
(Expert) 04 March 2014
Sir PS Dhingra ji,
Thanks for correcting me.
Guest
(Expert) 04 March 2014
Rajendra ji,
You are welcome.
Guest
(Expert) 04 March 2014
@Author You have not confirmed whether he is Govt Employee Or Private
sanjeev kumar
(Querist) 04 March 2014
Sir,
I am a govt employee.Isn't the meaning of "conviction suspension" that the consequences of conviction will remain non-operative till the pendency of the decision of the appeal?
thanks
Guest
(Expert) 04 March 2014
Consult a Senior Lawyer Practicing in Service Matters definitely you will get Remedy.In Railways I had seen Many Murder accused who are in bail continuing with their job,
Sudhir Kumar, Advocate
(Expert) 04 March 2014
suspension of conviction is not per-se suspension of dismissal from service consequent to conviction.
Guest
(Expert) 04 March 2014
Pending appeal, unless matures in to honourable acquittance, cannot affect the decision of dismissal or deemed suspension.
So, fight the case effectively to get yourself acquitted of the charge by the appellate court.
