Arrest
rajesh
(Querist) 09 April 2012
This query is : Resolved
My father, mother, big-father arrested on 498A. my dad is a govemnt employe,(govt school teacher). wil the arrest affect his employment? do i need to take any steps to prevent it?
ajay sethi
(Expert) 09 April 2012
contact a local lawyer immediatedly . make application for bail . when FIR was lodged you ought to have made appliction for anticipatory bail . if ftaher has been in jail for more than 48 hours then he is treated to be in deemed suspension until further orders
Nadeem Qureshi
(Expert) 09 April 2012
Dear Querist
I agree with Mr. Sethi
Sudhir Kumar, Advocate
(Expert) 09 April 2012
The language of your query is vague. It does not clearly say whether they have been arrested or not.
Your father will deemed to have been suspended on completion of 48 hours of custody. Which means that even if released on bail after 48 hours he cannot re-join duty unless the suspension is revoked by formal order and also cannot draw full pay during the period nor can be on leave. I will be slight differing with Mr Ajay Sethi that as per latest order the suspension or deemed suspension lapses if not review after three months and the concept of "until further orders" stands replaced.
If he is able to secure anticipatory bail or bail before 48 hours and avoid 48 hours custody even then he will have to report the arrest or bail to the department [Sure if employed in Central Govt or UT and generally states follow the central patters in disciplinary rules]. Most of the Govt employee fail to report arrest/bail to department assuming it to be the responsibility of the police (do not even listen if someone advises) and later get chargesheet on the offence of failure to report arrest/bail. So please check the rules applicable to the state employees if your father is employed by state Govt
venkatesh Rao
(Expert) 09 April 2012
Even if you get anticipatory or regular bail for your dad, there are every chances of his being kept under suspension pending/ contemplation of inquiry by his department.
Shonee Kapoor
(Expert) 10 April 2012
This query was raised before, when police took them for investigation and I had stated that it might be an arrest.
Contact local lawyer and get bail first.
Rest can be taken care later.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 10 April 2012
If your father is on bail and if he appears before the trial court regularly, apprehension of his arrest does not arise at all Pending trial Or until & unless he is convicted by the court. But if he is not on bail, you should apply for a pre arrest bail. Because, if he is arrested in a non bailable case and detaind more then 48 hours inside judicial custody, it will cultivate his suspension.
