Supreme Cour Order

Nick (Querist) 27 February 2011 This query is : Resolved
I have heard that supreme court issued a order against the suspension of state govt employee from his/her services until and unless s/he convicted into the case.

Can any body please send me the order copy of that.Any clue on this order.

Case history:

1) My father is a primary school teacher in West Bengal and presently he is suspended from his service as he is accused in 498A/304B case in West Bengal.Case in yet to form charge in ADJ 2 Court.We need the above mentioned order copy to re-instate my father into the service.

Please help.

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Ajay Bansal (Expert) 27 February 2011
There is no such rulling as you are saying.However 'accused should be suspended on his custody of more then 47 hours,59, Minutes and 59 seconds and further such suspention should be broken before conviction' is a populer law.

Nick (Querist) 27 February 2011
Can I have this popular law order where suspension had broken and employee re-instated to join in service.

Please help.

niranjan (Expert) 27 February 2011
As suspension is not a punishment but as govt.do not want to pay an employee half salary for longer time,govt.by circulars instruct to take back them on service.

Advocate. Arunagiri (Expert) 27 February 2011
Your father can not be suspended just because he is arrayed as an accused in 498A case.

Please check what is the real grounds.

Nick (Querist) 27 February 2011
My father was arrested and he was in JC for 89 days.More than 48 hours in JC grounds for suspension.

Guest (Expert) 28 February 2011
Dear Nick,

Police/judicial custody for more than 48 hours cause deemed suspension of an employee from the date he was taken in to custody. He can remain under suspension till he verdict in the case.

However, if the competent disciplinary authority is satisfied that the suspension is no longer justified, the employee can be reinstated in service but with due consultation with the police authority or the court of law. Your father can however make an appeal to his appellate authority, fully justifying his case, for revocation of the suspension order.

You can find such provisions in the Discipline and Appeal Rules, as issued by the West Bengal Government for the employees of the State of West Bengal.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

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