25 May 2020
got jail FOR 48 HOURS in 379 IPC did not disclose &continue on duty &studying for another exam for higher post charge sheet is not issued &service is 8 years old fear if public prosecutor will know this &will told to department during trial after lokdown then accused would got suspension .today accused is on duty in this case if he would not eligible to another govt. job his study is useless should he discontinue his study &coaching
25 May 2020
As per me, he got jail about 48 hours and the case under IPC 379, has not been disclosed though he has reinstated into service. so he is not eligible for another government service till the case under IPC 379 is closed in his favor.
25 May 2020
Non-disclosure of earlier Govt. job and further pendancy of a criminal case is an offence. You should wait for the outcome of the earlier instituted case and accordingly disciplinary proceedings, if any. You should have aplied through proper channel for the fresh advertisement.
26 May 2020
The facts, as stated, are misconceived. It is only that the person concerned has been arrested and subsequently released on bail. But he has not been suspended, obviously because the Department is unaware of the incident.
That person would certainly lose his job in public service it convicted, as the offence alleged inheres moral turpitude. The accused has the option to get the matter compounded. Offence under Section 379 is compoundable.
26 May 2020
It is wrong to smell that the department of the author is not aware about his criminal case when he is repeatedly disclosing that he has been suspended by the department on the ground of the said criminal case so advice on this wrong assumption cannot serve the purpose of the author.
27 May 2020
After passing orders of suspension of deliquent official departmental inquiry based on memorendum of charges has to be completed, which is yet to be convened. It is premature to opine on the issue. However, during pendency of inquiry you are not eligible for any other appointment.
28 May 2020
You are badly confused. Further you are confused by asking question which have no bearing on the issue.
Please understand :-
1. during suspension you are in service. You cannot simply join another job (not even in private sector)
2. during suspension you are eligible to apply for job and have application forwarded. You can compete.
3. At the stage of actual appointment the news deptt will seek relieving from old deptt which may not be possible during pendancy of criminal case even if suspension is revoked.
4. If convicted then no chargesheet/inquiry will at all be needed. Only one SCN will be issue and on hearing the reply you are liable for dismissal which itself is bar on future employment.
5.If acquired other than merit (benefit of doubt/ technical ground / compounding ) then deptt has option to initiate depll proceeding with/without suspension. Deptt is empowered to do so even during pending court case but deptt generally do not exercise this prerogative.
02 June 2020
I am at a loss to understand how a person could be in suspension, even if deemed, unless the competent authority issues the order for placing under suspension. The authority cannot issue the order unless informed by the Government servant or the police officials or other persons. In the absence of such an order, the Government servant considers himself to be under deemed suspension and do not report for duty, it would amount to unauthorized absence.
Yes, there is a strict obligation of the Government servant to inform the authority. And failure is a misconduct and could lead to a separate disciplinary proceeding independent of the consequences of the criminal proceeding.
Anyhow, these are only theoretical consideration because author, as per his profile, is a student who has been posting many a riddle, may be as part of his studies.
It is democratic and also a duty of a lawyer to differ with the opinion expressed by any of the experts. Kindly elaborate the grounds of the disagreement so as to benefit not only to author but also to me.