TERMINATION FROM SERVICE ON BEING NAMED IN FIR

Kaushal (Querist) 25 August 2018 This query is : Resolved
Dear Sir / Madam
My brother is a teacher in Bihar Government school. He has been falsely implicated in an FIR lodged by my neighbour. In this FIR total 5 people are made accused along with my brother. It is alleged in FIR that all 5 person were carrying unlicensed revolver and all of them have fired on the victim. As per FIR victims has been hit once by the fire made by accused no 1. My brother is accused no 4 and as per FIR he also fired targeting victim which missed it.
My brother has been falsely implicated and people also know it. Some people are also ready to give evidence in his support. But my brother is absconding due to fear of arrest. I am also a defence personnel serving 1000 km away from my home.
My query with the respected experts are as follows.
Can we make a representation to the Investigating Authority or his superior Authority quoting his false implications. Can his name be removed from the case by police authorities say by Supervision officer above IO or by IO itself if they get satisfied with our representation through their enquiry.

Kindly guide what will happen if he goes to jail and get bail subsequently. Will he be suspended or get terminated during trial. Can he join his duty after getting bail if first issue of removing his name from FIR doesn't materialize.

Thanking you Sir. Kindly guide.

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Isaac Gabriel (Expert) 25 August 2018
Get anticipatory bail first to avoid all the subsequent troubles. You can plead not guilty during investigation or at trial.

Adv.Ambrose Leo (Expert) 25 August 2018
First apply and move for anticipatory bail before any jurisdiction.Any employee in Govt., services detained more than 48 hrs automatically suspended from services pending charge etc.,Contact a local professional expert lawyer for guidance,help & protection on all aspect of the serious case to protect quickly.

Dr J C Vashista (Expert) 26 August 2018
If you are not satisfied with obligation of experts FREE OF COST you must consult a local lawyer, however, repeating same story time and again is absurd, ridiculous and stupidity.

NANDKUMAR B SAWANT (Expert) 26 August 2018
1.you have to file anticipatory bail application before sessions /high court of area Mentioning facts and grounds..2you may also file a writ petitionin high court for quashing and stay of f.i.r.and complaint .n.b.sawant advocate high court

Guest (Expert) 26 August 2018
Mere appearance of name in the FIR does not harm service. It is the arrest and consequential police or judicial custody for 48 hours or more that can lead to suspension from service. Termination from service can be possible only, if the accused is prosecuted with jail term after the charge is proved by court judgment.

For the time being remedy to avoid suspension lies in bail before your brother is put in police custody. If FIR is false, your brother should effectively plead before the IO after getting bail. Non appearance before the IO for long may firm up the doubt of the IO about your brother's involvement in crime.

Kaushal (Querist) 26 August 2018
Dr J C Vashista Sir. It was not my intention to repeat the query. However, when I sent this query from my other ID it was written that "you have to be a queriast or expert to post on this forum. So I thought that my query will not be replied. Then I made another account with all information required to post this query again. And just after some time of posting this query I got many experts advice my earlier query also."
Thanks all the experts for valuable suggestions which will certainly help me to take informed decision.

TERMINATION FROM SERVICE ON BEING NAMED IN FIR

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