Suspension of employee

Shankar Rao (Querist) 25 March 2012 This query is : Resolved
Dear All

A state govt emloyee being held under custody for more than 48 Hours for dowry harrasement who has not even completed his probationery poeriod.
Whether he is eligible continue his service or not ? If no under which rule of Karnataka civil service rule he is not elegible to continue his service. Kindly let me know

Thanking you in advance

Yours
MNS

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Raj Kumar Makkad (Expert) 25 March 2012
Such employee shall remain suspended but there is no general law to terminate the services of such employee. CSR or service rules everywhere specify such term.

SAINATH DEVALLA (Expert) 25 March 2012
Dear Mr.Shanker,
Civil service rules are quite different from general service rules.If an employee is confined to imprisionment,without bail for 48 hours,he can be suspended from services immediately.

Guest (Expert) 25 March 2012
Dear Shankar Rao,

The state does not have any right to terminate the services of an employee, may he be a probationer, merely on the ground that he remained under police custody for more than 48 hours. He would remain under deemed suspension till the disciplinary authority feels proper to keep him aloof of his official duties. Unless he is found guilty by the court on account of moral turpitude/dowry case, he will remain on the rolls of the Government and would not get terminated without observing due process of disciplinry proceedings by the concerned department.

venkatesh Rao (Expert) 26 March 2012
Rightly said Mr. Dhingra.

Employee has got every right until he is liable to be discharged or terminated under KCS (CCA) rules

Sudhir Kumar, Advocate (Expert) 05 April 2012
Custody beyond 48 hours entails deemed suspensin and the persion is off duty till such suspension is revoked.

Secondly while criminal case is pending he may not be able to clear probation. But he certainly remains on the rolls till probation (or extended probation) is going on even if he is under suspension.

But if the maximum permissible extention has taken place and the case against him is still pending then he cannot continue.

The remedy is in mercy by wife.

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