Back wages on pending criminal cases
ramana
(Querist) 26 August 2014
This query is : Resolved
sir, i am a teacher in government school in ap. my wife registered 498a case on me and my family members,which caused judicial custody for more than 48 hours. District educational officer issued orders for suspension for the above said reason. He ordered for the departmental enquiry, which is held, but of no use to me , hence i pushed to go to andhra pradesh tribunal at hyderabad.
my prayer details are "proceedings of suspension is being illegal, arbitrary and set aside same with a consequential direction to D.E.O.to reinstate me into service forthwith with all consequential benefits".
The honorable APAT ordered "the case of the applicant is squarely covered by the order passed in O.A.6286/2013 by division bench of this Tribunal on 26.08.2013." further it added "in view of the circumstances explained above and also following the order in O.A.6286/2013, this O.A. is allowed by setting aside the order of suspension issued by the respondent".
when i sent my represention for reinstatement with APAT order to my D.E.O.,by clasue (C) of sub-rule 5 of rule 8 of the Andhra Pradesh Civil serivices rules 1991, he reinstated me into service pending finalization of disciplinary proceedings and subject to the outcome of the result of the judgement in the 498a case".He has not mentioned regarding my suspension period (7 months)i.e. it is to be considered as period spent on duty or any adjustment to leaves .now my questions are
!)am i eligible to get back wages or not, as per tribunal order?
2)what should be done when an officer issued proceedings to reinstate into service from suspension, without mentioning the suspension period?
3)is my suspension period is regularized or not?
4)if i am not elgible to get back wages what about my annual increments and other benefits , are they postponed or stopped till the judgement in 498a case.
please guide me .thank you in advance
malipeddi jaggarao
(Expert) 27 August 2014
1) Yes
2) when you are reinstated suspension period should be treated as if you are in service.
3. Yes
4. You are eligible.
Rajendra K Goyal
(Expert) 27 August 2014
The complete decision and the language need to be referred for any advise. In the given facts agree with the advise of the expert.
P. Venu
(Expert) 27 August 2014
The regularization of the suspension period depends upon the outcome of the criminal proceedings and departmental proceedings, if any. You continue to be eligible for annual increments, irrespective of the factum of suspension and the pending proceedings.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
This query is going for a long time in this portal without any expert concluding on it. Some experts say that the department action is wrong and the employee should be taken back with full back pay and perks, some with reference to settled law justify the employer's action. Let us have an access to a proper settled law on the subject to render proper opinion to the author.
ramana
(Querist) 07 September 2014
sirs plz give me a clear cut view on the above issue am i elegible to get my annual increment as it is or is it will be postponed? plz
P. Venu
(Expert) 07 September 2014
You are eligible for increment. If it is postponed, you may make representation/appeal.
ramana
(Querist) 08 September 2014
thank you to p.venu sir, for the reply. but my DDO is saying that i won't get my annual increment as it is( which is actually is in the month of October-2014) and he says that till the judgement in the criminal case, i am not eligible for any increments except which is i am drawing now( which means if the judgement comes after 4 years later till then i will be given the salary which is i am drawing now).Hence i request the experts to cite some rules or judgments which may helpful to me in this issue to put it in front of him for favorable response.
Anirudh
(Expert) 09 September 2014
I think Fundamental Rules are applicable to AP Govt. Servants also.
If so, as per F.R.54-B(6) "where a suspension is revoked pending finalization of the disciplinary or the court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the Govt. servant, shall be reviewed on its own motion AFTER THE CONCLUSION of the proceedings by the authority...
However, in this case there appears to be NO Departmental Proceedings. Even the Court proceedings between the wife and the husband, the Department is not a party. As such, the Department cannot say that there is any Court case pending.
Therefore, you have to request the D.E.O. to pass appropriate order in regard to the treatment of your suspension period. Only on the basis of the treatment of the suspension period, your further increment will arise. (For instance, if the period of suspension is allowed to be treated as admissible leave - you will be entitled for increment. In case the period of suspension is treated as 'dies-non' then your increment will get postponed to that extent and so on.)
ramana
(Querist) 16 September 2014
thank you very much mr.Anirudh sir. pls guide me is there any way that i can get my annual increment without any postponement.
ramana
(Querist) 19 March 2015
is there any provision for getting exemption from attending the court in 498a cases for A2 (Mother)? plz guide .thanks in advance for all the experts
Sudhir Kumar, Advocate
(Expert) 22 March 2015
Not able to agree to some experts.
My reply to the qeustions is as udner :-
!)am i eligible to get back wages or not, as per tribunal order?
NO. THE ORDERS OR THE TRIBUNAL AS DESCRIBED BY YOU ARE ONLY DIRECTING YOU TO BE TAKEN BACK ON DUTY WHICH HAS BEEN DONE. THE DECISION ON THE BACKWAGES CAN BE TAKEN ONLY ON COMPLETION OF PROCEEDINGS.
YOU HVE NOS STATED ANYTHING AS TO WHAT WAS THE TRIBUNAL ORDER ON THE DISCIPLINARY PROCEEDINGS INITIATED BY THE DEO. WHETHER THESE ARE STILL PENDING.
2)what should be done when an officer issued proceedings to reinstate into service from suspension, without mentioning the suspension period?
PERUSAL OF ALL PAPERS SHALL BE NEEDED FOR FORMING CLEAR VIEW ON THIS ASPECT.
GIVEN FACTS DO INDICATE THAT YOU CAN ONLY REPRESENT.
3)is my suspension period is regularized or not?
GIVEN FACTS INDICATE THAT IT IS NOT REGULARISED.
4)if i am not elgible to get back wages what about my annual increments and other benefits , are they postponed or stopped till the judgement in 498a case.
PERUSAL OF ALL PAPERS SHALL BE NEEDED FOR FORMING CLEAR VIEW ON THIS ASPECT.
ramana
(Querist) 17 October 2015
Dear experts ,
having been following you in lawyersclubindia.com and all the socio and econo agony, i have been undergoing in my 498a case and its consequences, i am bringing the following observations/views for your kind consideration,opinion and valuable directions.
1) If 498a/ipc is registered, why don't the courts sanction divorce along with the charge sheet ?
My views: If you found a criminal in a person having lived as best half, there is no point to live with him/her after that, whether he is convicted or not in the court of law.
Having consideration to the point that the courts in our country, do not find any wrong in living together relationship, if both spouse like to do so, even after judgement in the 498a case.
I didn't mean that innocent lady/ies filed cases with the influence of others are to be deserted, they will probably realize their mistake with in 3 months.If it is not so, they have their fight with their beloved ones(once).
But at the same time, the innocent men along with their family members, need not to suffer from illegal wants of legal spouse, in a legal harassment.
Sudhir Kumar, Advocate
(Expert) 18 October 2015
1) If 498a/ipc is registered, why don't the courts sanction divorce along with the charge sheet ?
HOW CAN WIFE BE PUNISHED FOR HAVING TAKEN A COURSE OF LAW. SEEKING LEGAL REMEDY IS NO CRIME SHE HAS A RIGHT TO CONTINUE AS HIS WIFE EVEN AFTER HE IS BACK HOME AFTER CONVICTION AND JAIL TERM.
HOWEVER SHE CAN TAKEN DIVORCE ON THIS GROUND.
IF THE CHARGES ARE PROVED FALSE THEN THIS MAY AMOUNT TO BE CRUELTY AGAINST HUSBAND AND THEN HE CAN SEEK DIVORCE.
ramana
(Querist) 21 May 2016
sirs/madams,
my 498a wife,
is acting as if she trying to get reconcile while lispendency ,
as i have said in the court that i am not ready to take her back for any good reason, at any cost (any Punishment),
now my Q's are
1) while the case is in the court,is she can come to my home and torture us?
2) when i bring the issue of her torture to the notice of police, they are also not helping me.what should i do, to prevent her to not to come to my home?
3) As she cannot prove the 498a case in the court,she trying to create new evidences now. plz suggest me on this to overcome
