Effect of dv case on govt. job
sunil kumavat
(Querist) 08 June 2015
This query is : Resolved
I m a state govt. of Maharashtra employee and my wife has filed a case u/s Domestic Voilance. if DV is proved , will this has any effect on my job . as someone told me that court will send DV remarks to govt. and action will be taken on me. pl guide.
sunil
Sudhir Kumar, Advocate
(Expert) 08 June 2015
IF A GOVERNMENT SERVANT IS CONVICTED IN ANY CRIMINAL CASE THEN THERE IS NO NEED FOR THE DEPTT TO HOLD ANY CHARGESHEET OR INQUIRY BEFORE DISMISSAL FROM SERVICE.
Guest
(Expert) 08 June 2015
Not the case, but the arrest by the police or the actual conviction by court matters much in your service matter. The court is not supposed to send any dv remark to your office. But, your wife cannot be restrained from sending any information to your controlling authority.
Rajendra K Goyal
(Expert) 08 June 2015
Well advised, agree with the expert PS Dhingra ji.
sunil kumavat
(Querist) 10 June 2015
thanks sir, if my wife send remark of DV case to my govt. dept that court had convicted DV on me than what Action dept can take ( as there is no arrest by the police)
sunil
SAINATH DEVALLA
(Expert) 10 June 2015
If a Govt. Employee is arrested for an offence, he will be placed under suspension. If the offence is proved and convicted,he will be dismissed forthwith. If the offence is not proved, he will be reinstated as per court rulings. The period of suspension would be treated as duty period.
Sudhir Kumar, Advocate
(Expert) 10 June 2015
I beg to partially disagree.
If he is acquitted then his suspension may be revoked.
Or
may not be revoked if the deptt intends initiating proper disciplinary proceeding [not summary procedure as in case of conviction]
on reinstatement suspension period may be treated as duty
or
may not be treated as duty and may be treated as period spent on leave
Sudhir Kumar, Advocate
(Expert) 10 June 2015
Suspension is deemed if the arrest period exceed 48 hours.
Even if not suspended still as long as a criminal case is pending, there cannot be any :-
(i) promotion
(ii) clearing of probation
(iii) acceptance of resignation for taking up another post.
(iv) ACP or other financial upgradation.
(v) release of all terminal benefits on retirement.
(vi) acceptance of request for VR.
SAINATH DEVALLA
(Expert) 10 June 2015
Rightly supporting reply by Sudheerji
Sudhir Kumar, Advocate
(Expert) 29 November 2015
refer
http://www.lawyersclubindia.com/experts/Service-matter-572661.asp#.Vlsqs27K2xk
Sudhir Kumar, Advocate
(Expert) 29 November 2015
refer detailed discussion at
http://www.lawyersclubindia.com/experts/Suspension-from-job--572676.asp
