Suspended from govt. service

sunil kumavat (Querist) 26 April 2015 This query is : Resolved
Resp.Sir..

My friend is working in a Maharashtra State Govt.Service as a Class 2 Gazetted officer since 2001. his down line employee has done economical fraud.Govt. had an inquiry and found some people guilty and suspended them and file an FIR on them. and done more inquiry of this and found fraud in his tenure also ( he was there in 2007 to January 2009) this come in to light in 2012/2013. and Govt. has included his name in FIR u/s 420,409,468,471,120(B). he was arrested by police on 30/10/2013 and put in jail for 3 months. he came out on bail. he was then suspended by Govt. from 30/10/2013 till date. he is receiving surivival salary. the case is in court and will take 7 to 10 years to complete.

1) how long is a suspended period after that govt can reinstate him.

2)what he should do for reinstate.

3)whether he go in a MAT,how long it will take in MAT.

4)any other suggestion .

thanking you.

sunil

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Sudhir Kumar, Advocate (Expert) 26 April 2015
1) how long is a suspended period after that govt can reinstate him.

NO LIMIT.

SUSPENSION HAS TO BE REVIEWED PERIODICALLY.

2)what he should do for reinstate.

APPEAL

3)whether he go in a MAT,how long it will take in MAT.

HE CAN GO TO MAT. FOR TIME LIMIT HE SHOULD MEET A LAWYER PRACTICING THERE. OR MEET AN ASTROLOGER.

Rajendra K Goyal (Expert) 26 April 2015
1. Till case is over or as decided by the department.
2. Wait till the case is over. Representation to the department, may not fetch desired results but should represent.
3. Time can not be predicted.

Sudhir Kumar, Advocate (Expert) 26 April 2015
I may be constrained to partially disagree with Mr RK Goyal.

(I) Deptt may continue suspension even after acquittal if the acquittal is on technical grounds and they with to initiate disciplinary proceedings.

(I) For appeal for reinstatement the employee need not wait till trial is over. It can fetch results.