Offence u/s 138 ni act

Querist : Anonymous (Querist) 18 December 2011 This query is : Resolved
ACCUSED GOVT SERVANT CONVICTED FOR 138 NI ACT OFFENCE REFERRED APPEAL- CONVICTION BY LOWER COURT CONFIRMED ACCUSED REMANDED TO JUDICIAL CUSTODY IN APPEAL- WITHIN 72 HOURS REVISION FILED IN HIGH COURT AND ACCUSED RELEASED ON BAIL BUT SUSPENDED FROM SERVICE AS PER CCS/CCA RULES. WHEN THE SAID OFFENCE NOT INVOLVES MORAL TURPITUDE WHY SHOULD HE BE SO SUSPENDED THAT TOO BEFORE THE CONVICTION BECAME FINAL. PLEASE ENLIGHTEN

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Guest (Expert) 18 December 2011
According to the provisions of the CCS (CCA) Rules, the Disciplinary Authority does not enjoy any discretion, except to treat the Government servant under deemed suspension when he remains under police custody for 48 hours or more. About moral turpitude, it is for your information that every criminal act is treated as moral turpitude in Government service.

You can however make an appeal to the appellate authority against your suspension justifying your stand. The disciplinary authority can consider the same, if justified.

Querist : Anonymous (Querist) 18 December 2011
ANSWER IS QUITE SATISFACTORY TO MY UNDERSTANDING- THANK YOU VERY MUCH SIR DHIGRA JI

Isaac Gabriel (Expert) 18 December 2011
In this case the employee had been under judicia custody for more than 48 hours which amounts to deemed suspension.Neverthless, the authority competent could consider the revocation of suspension if the grounds were sufficent.Mr.Dhingra has opined rightly.

Querist : Anonymous (Querist) 18 December 2011
EVEN OTHERWISE HOW LONG SUCH SUSPENSION CONTINUES IF IT IS NOT REVOKED EARLIER? DOES A SUSPENDED EMPLOYEE APPLY FOR REVOCATION OF THE SUSPENSION BEFORE THE DISCIPLINARY AUTHORITY?

Guest (Expert) 18 December 2011
Suspension can be for indefinite period till the judgment of the case and even extend beyond the judgment depending upon the nature of judgment and till finalisation of the departmental inquiry on charge sheet by the department after the judgment.

I have already stated in my previous reply that you can make an appeal to the disciplinary authority for revokation of suspension.

Raj Kumar Makkad (Expert) 19 December 2011
Suspension is not a punishment but a necessity in the given case when the same is covered under relevant service law. There is no use to make appeal even against suspension rather you should confine upon your ongoing case and it shall be better to get the matter resolved by offering the demanded money to the complainant as this is affecting your service.

Shonee Kapoor (Expert) 20 December 2011
This query has already been answered in a diffirent thread but lacked these details.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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