498a
shades ahemed khan
(Querist) 13 March 2014
This query is : Resolved
Respected sir,i m a victim of domestic violence n dowry.me n my daughter was tried to be killed by inlaws.my case is still pending.my husband is an assistant manager in govt. Sector n he was in jail regarding this case for 48hrs.i hv several time made his complain but still no actions hv been taken.kindly guide me tht is there any procedure for his suspension or nt as the case is still pending.
Sudhir Kumar, Advocate
(Expert) 14 March 2014
48 hour custody ?
He is under deemed suspension and his deptt is only to be informed of the custody. It depends upon deptt to continue or revoke suspension.
He may also be guilty of not reporting arrest to the deptt.
Fur further advise give full facts opf complaints made to deptt and whether he is employed by central/state deptt/PSU.
Dr J C Vashista
(Expert) 14 March 2014
Any employee sent to custody for more than 48 hours has to be suspended, please re-check the fact.
Devajyoti Barman
(Expert) 14 March 2014
If he has been put into custody for 48 hours, he is liable for suspension. I believe he got anticipatory bail. If that is so then he can not be suspended.
R.K Nanda
(Expert) 14 March 2014
no more to add.
Rajendra K Goyal
(Expert) 14 March 2014
Make complaints to his department about his custody and not informing the matter to the department. Send RTI about the action taken by the department on his arrest.
shades ahemed khan
(Querist) 14 March 2014
Repected sir,we was arrested n send to jail n he was kept there for more than 48 hrs.i hv several time made this information to SBI bank but still recently they told me tht he will nt be suspended till the final result by the court.i hv read in service rules book of banking tht if an employee is put in custody or jail more than 48 hrs then,he is deemed to be suspended.but nothing happened till nw.i m still fighting for justice.can anyone guide me here.
shades ahemed khan
(Querist) 14 March 2014
Repected sir,he was arrested n send to jail n he was kept there for more than 48 hrs.i hv several time made this information to SBI bank but still recently they told me tht he will nt be suspended till the final result by the court.i hv read in service rules book of banking tht if an employee is put in custody or jail more than 48 hrs then,he is deemed to be suspended.but nothing happened till nw.i m still fighting for justice.can anyone guide me here.
V R SHROFF
(Expert) 14 March 2014
""me n my daughter was tried to be killed by inlaws""
Did you lodge Police Complaint for that?? any weapon used??any injury/ medical report ???
498A most of the complaints are false, to increase Divorce Alimony; and a totally useless act:
IT IS A HOUSE BREAKING ACT, THAT DO NOT HELP HUSBAND OR WIFE.
IT ONLY BREAK HOME; AND UR D IS STAMPED" FATHERLESS!! YOU BROKE YOUR HOME.
NO INSTITUTION/ GOVT EMPLOYERS SHOULD CONSIDER 498a VICTIM AS ARRESTED, OR SUSPEND EMPLOYEE, ONLY ON GRD OF 498A ARREST.
You must have married him, only because of his job. Now to taker revenge, you want him jobless..
And will also claim maintenance!!!from jobless person!!
& what will you get id he loose job???
His parents grow him up and educated to earn, for feeding wife:: and you want him to loose job and be in jail???
Compare intention of parents and wife!!
Your in Laws gifted you with Gold Ornaments ; costly jewellery, in public, spending Lakhs,
and you used hand cuff to arrest, jail, make jobless and starve:; He gave you food for all thses years, and you want him to be in jail::
and 98% of 498A are aquittal; false cases::
Why not yours???
Time will prove., yours ios false case, as your intention to throw out of job, get arrested proves your malafide , negative attitude; You cannot be going to court with clean hand.
I am sorry to state to you, that your action is not in the interest of healthy society.
You are taking disadvantage of this stupid law.. ;
V R SHROFF
(Expert) 14 March 2014
""me n my daughter was tried to be killed by inlaws""
Did you lodge Police Complaint for that?? any weapon used??any injury/ medical report ???
498A most of the complaints are false, to increase Divorce Alimony; and a totally useless act:
IT IS A HOUSE BREAKING ACT, THAT DO NOT HELP HUSBAND OR WIFE.
IT ONLY BREAK HOME; AND UR D IS STAMPED" FATHERLESS!! YOU BROKE YOUR HOME.
NO INSTITUTION/ GOVT EMPLOYERS SHOULD CONSIDER 498a VICTIM AS ARRESTED, OR SUSPEND EMPLOYEE, ONLY ON GRD OF 498A ARREST.
You must have married him, only because of his job. Now to taker revenge, you want him jobless..
And will also claim maintenance!!!from jobless person!!
& what will you get id he loose job???
His parents grow him up and educated to earn, for feeding wife:: and you want him to loose job and be in jail???
Compare intention of parents and wife!!
Your in Laws gifted you with Gold Ornaments ; costly jewellery, in public, spending Lakhs,
and you used hand cuff to arrest, jail, make jobless and starve:; He gave you food for all thses years, and you want him to be in jail::
and 98% of 498A are aquittal; false cases::
Why not yours???
Time will prove., yours ios false case, as your intention to throw out of job, get arrested proves your malafide , negative attitude; You cannot be going to court with clean hand.
I am sorry to state to you, that your action is not in the interest of healthy society.
You are taking disadvantage of this stupid law.. ;
I assure you, you will repent within few years for your present action.
beware and come to sense. Observe humanity, teach to all. Pain always follows pleasure, and vice versa..
Al actions rebounce on the person acts..
"Kar Bhala, Hoga Bhala,,"
Otherwise it is too late..
BANK EMPLOYEE MUST NOT BE SUSPENDED FOR SUCH STUPID REASON. IT IS PUBLIC SERVICE.
498 is a stupid law.Parliament must change it using wisdom: NO ARREST , let trial continue. it will save home, Otherwise Old parents , who are arrested, will never look face of their daughter in law lifetime, and the Family and home is broken for ever!!!!
Unless proved, he is innocent.
ajay sethi
(Expert) 14 March 2014
if he is suspended how will he pay your daughter maintenance . it is in your interest that he continues working
shades ahemed khan
(Querist) 14 March 2014
Respected sir,i do take yr words positively n i also know tht in today's time many women r misusing this act but i want to say tht my whole life was runnied in just 5 months just for the sake of money.n how much pain a lady has to go for it...i knew it...when the person whom u loved the most says infront of whole society tht...mein ladka hun..mera koi kuch nhi bigad sakta...life Karan toh sirf ladkiyo ki hoti hai...merko toh 100 miljauegi....samjhiii....nw decide.....
shades ahemed khan
(Querist) 14 March 2014
N yes...they all tried to kill me n my daughter...i hv all the eviendences by doctor...they just didn't thought abt the baby..such a shame...i m nt a lier...my intensions r nt to proove anyone wrong or guilty but only...ki apni galti mano..or viswas dilao Ki life mi kabhi aisa vapas nhi hoga...meri maa kehti hai Ki..inshan sahi ya galat nhi hota...bas uskki kuch aadate hi aisi hoti hai...or merko wo hi sudarna hai...any cost...i still love my husband a lot...no bad feelings...sometimes we need to be rigid...
Sudhir Kumar, Advocate
(Expert) 14 March 2014
If he was in custody for beyond 48 hours then no formal order is needed. He is deemed suspended.
He cannot be taken on duty till revocation of suspension is made by competent authority.
The full salary being paid to him is an irregularity and connivance on part of senior officers. They are liable for disciplinary action. Matter is open to you to complaint to the CVO of SBI and also to CVC.
Since this is financial irregularity of Govt bank you can also highlight the matter to CAG.
YOUR QUERY IS VAGUE. It is not clear at what level you have made complaint and whether you have been given verbal or written reply.
Their reply is illogical to wait till completion of the case. If he is convicted then there is no scope of suspension then simply one SCN will be issued and on hearing his reply he will be dismissed.
If he is acquitted on merits then no action lies against him and still there is no scope pf suspension.
If acquitted on technical grounds and employee decides to take disciplinary action even then suspension shall not be feasible at that belated stage.
Since it is Govt Bank you may file writ mandamus. In case before filing this writ you complaint to CVC then writ will lie against CVC as well.
By the way have you spoken to the CVO of SBI?
K.K.Ganguly
(Expert) 14 March 2014
1. You have already arranged to send him to jail for more than 48 hrs. without anything proved against him so far when the trial is pending,
2. You are still not satisfied with it and want him to be suspended from his services without anything proved against him so far & you want it in the interest of justice,
3. His position in front of his family, friends & neighbours has been totally tarnished without anything proved against him so far,
4. What will happen if all your allegations are proved false later on? The record says only 1% allegations have been proved all over India against all the 498A cases,
5. Probably your undue pressure on the office of your husband to suspend him for being arrested for 498A complaints has generated sympathy for him for which the management has decided not to suspend him.
Devajyoti Barman
(Expert) 14 March 2014
Writ can be filed if he is not put under suspension.
shades ahemed khan
(Querist) 14 March 2014
I hv made complain to all places i could...but he briebed at a grt stage...still no action taken n his manager wrote on my rti tht till case does not give their final decision..he will continue...i just want to say tht...wht i need to do nw..i m suffering frm last 3 yrs...i appear on each n every court date but he never...sbi higher mgt r nt helping me..should i file case against sbi....
shades ahemed khan
(Querist) 14 March 2014
This is for all those people who prevail misuse of this act..a girl is nt a product or commodity tht u used n threwed out of yr life whenever u feel like..usko bhi dard hota hai..wo kiski behan hai..kisi Ki beti...kesi Ki maa...u sh be ashamed of yrself for doing so...i know tht many women r misusing this act..but tht doesn't mean tht every women is the same...think before giving yr views..i hv suffered a lot...i woke up just for my daughter....timits ended...we need justice n equal respect..
shades ahemed khan
(Querist) 14 March 2014
Respected sudhir sir,i m nt able to get the full form of the letters u used in yr reply..i hv made complain to his manager n to the head office ...but nothing...how do i contact the disciplinary authority of sbi n RTI or how...
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
Chief vigilance officer or the IR/HR Chief may be approached with the details about the remand and time spent inside the jail by him and urge him to initiate appropriate legal action as per the rules of the industry. Wait for the reply for a reasonable time and then approach court with writ as suggested. Please make sure that you approach the authorities with clean hands.
shades ahemed khan
(Querist) 15 March 2014
So i should make complain with all resonable proofss to chief vigilance officer of sbi.how much time will it take.on internet there is no address of cvo,how to get it n the whole procedure ....
shades ahemed khan
(Querist) 15 March 2014
Plz explain me abt cvo.cag,wht is this all abt.....how do they work.....
Guest
(Expert) 15 March 2014
CVO is the abbreviation of "Chief Vigilance Officer," while CAG stands for "Comptroller and Auditor General of India".
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
You can get the details/address of the chief vigilance officer or the management head or the corporate office address from the internet of the bank site, please browse through google.
shades ahemed khan
(Querist) 21 March 2014
Respected sir,i hv got letter frm bank tht till the court's final decision,they will nt suspend him.on grounds they r saying this...i don't knw.,,wht sh i do nw...
shades ahemed khan
(Querist) 21 March 2014
I hv made his complain to his manager as well head office through rti but nothing happened.should i make the complain again to cvo of sbi as the case is pending frm last 3 yrs
shades ahemed khan
(Querist) 21 March 2014
As the bank replied me tht this is family dispute so they r nt liable.wht sh i do nw,again complain to cvo or take sbi to court.can i appeal in high court or nt directly.
Guest
(Expert) 21 March 2014
Please don't use code words or abbreviation while describing your problem. By the way how much time you were able to save by using a few of incomplete words?
Devajyoti Barman
(Expert) 21 March 2014
you are advised enough, now stop this thread.
shades ahemed khan
(Querist) 22 March 2014
Can i appeal a writ against the bank for all this directly in high court or not??? Or rbi bank can help me in this matter??
Sudhir Kumar, Advocate
(Expert) 12 April 2014
Available in CVC site.
STATE BANK OF INDIA
CVO: SH. P J JOY
Address:STATE BANK OF INDIA
CORPORATE CENTRE
STATE BANK BHAVAN, VIG. DEPTT. 8TH FLOOR
MADAME CAMA ROAD, MUMBAI-400021
hone:022-22831681,09004441094
Fax: 022-22838667
E-mail :- cvo@sbi.co.in
ajay sethi
(Expert) 12 April 2014
query is resolved
Guest
(Expert) 12 April 2014
Thread found extended beyond expectation.
