Suspension

Querist : Anonymous (Querist) 21 May 2022 This query is : Resolved
Sir,
Myself failed to pay interim maintenance to my wife but paid 70 % of due amount.
Court issue warrant against me.
I am a government servant.
If court sent me to jail, can I suspended ?
As I failed to fully comply court's order, is there is any risk of my service ?

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Quick Summary

This discussion addresses a government servant's concern about potential suspension due to unpaid interim maintenance. While a warrant has been issued, the individual has paid 70% of the due amount. Experts advise that a government servant may be suspended if taken into custody for over 48 hours, as per CCS rules. It's crucial to consult with your lawyer regarding compliance with court orders and the potential impact on your service, especially if the order hasn't been stayed by a higher court.

Dr J C Vashista (Expert) 22 May 2022
The salary of government servant shall be attached under the court order.
Normally warrant of arrest are not issued against a government servant for non-satisfaction of execution petition.
Seek opinion and advise of the lawyer engaged by you, who is well aware about facts and circumstances of the case and competent enough to satisfy your queries.

kavksatyanarayana (Expert) 22 May 2022
I agreed with the advice of the above senior learned expert Dr.JC Vashista ji. A government servant who goes to jail exceeding 48 hours shall be suspended as per ccs rules.

krishna mohan (Expert) 23 May 2022
Consult your lawyer regarding compliance of court order and impact on its non compliance and proceed accordingly. Unless the court order stayed by higher court you need to comply. Any reason for non compliance of court order?

Sudhir Kumar, Advocate (Expert) 04 December 2022
a Govt servant is deemed suspended if in custody fora period of 48 hours.

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