Suspended person is eligible for government service or not

This query is : Resolved 
 

(Querist)
25 May 2020

IF a person is suspended(from state government) after suspension he will fight exam &clear interview .can he eligible for another government service or not


Rajendra K Goyal (Expert)
25 May 2020

Please state clear material facts of the problem.

What were the reasons of suspension?

When was suspended?

Whether Charge-sheet issued and if yes, departmental / disciplinary proceedings concluded.

If proceedings concluded what were the finding of departmental inquiry.

What is the length of service?



Guest (Expert)
25 May 2020

Since when you are suspended and on what date you cleared interview of other department?

baluu jii (Querist)
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


kavksatyanarayana (Expert)
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.

Raj Kumar Makkad (Expert)
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.

Dr J C Vashista (Expert)
26 May 2020

Before forming an opinion and advise very relevant and valid queries raised by expert Mr. Rajendra K Goyal, have not responded by the author.

Dr J C Vashista (Expert)
26 May 2020

Whether the stolen property was recovered from your possession ?

baluu jii (Querist)
26 May 2020

yes case property has recovered &got bail

Raj Kumar Makkad (Expert)
26 May 2020

If stolen property was also got recovered from you then charge under section 411 IPC also would have been framed.

P. Venu (Expert)
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.

Rajendra K Goyal (Expert)
26 May 2020

If convicted, he may loose his present job.

In such case he is not eligible for another government job.

baluu jii (Querist)
26 May 2020

can suspension leads to not eligible for fresh government service

P. Venu (Expert)
26 May 2020

Please do not post riddles. Post the complete and relevant facts,

Raj Kumar Makkad (Expert)
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.

Dr J C Vashista (Expert)
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.

Rajendra K Goyal (Expert)
27 May 2020

Suspension itself may not result in any bar to another Government job. If found guilty in departmental inquiry / court it would be a disqualification for new job.

Previous office would not accept resignation / give clearance till inquiry is concluded for the charges for which he is suspended.

Sudhir Kumar (Expert)
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.

Sudhir Kumar (Expert)
28 May 2020

Not able to fully agree with Mr Venu. The person is deemed suspended from the date of custody if the custody is above 48 hours. It does not at all matters whether deptt is aware or not.

He is eligible to resume duty only when (1) deptt knows of arrest (2) deptt decides to revoke suspension.

Not reporting of arrest

P. Venu (Expert)
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.

Raj Kumar Makkad (Expert)
02 June 2020

Kindly go through the reply of expert MPS Ramani in the given thread:

https://www.lawyersclubindia.com/forum/Suspension-of-govt-employee-on-criminal-charges-123904.asp

P. Venu (Expert)
02 June 2020

It is seen that Shri MPS Ramani is not an expert and the reply he had furnished is incorrect and skewed. Expert Mr. Sudhir Kumar had highlighted these aspects in his subsequent posting.

Rajendra K Goyal (Expert)
02 June 2020

Expert Sudhir Kumar ji has nicely analyzed the facts and situation, agree with the advice.

Sudhir Kumar (Expert)
02 June 2020

I am sorry to differ.

I have seen the the vies of Dr Ramani as referred by Mr Makkar. I am not able to fully agree with the views. I can if felt necessary by above experts give detailed reasons for such disagreement.

Sudhir Kumar (Expert)
02 June 2020

It is in the interest of querist to give full facts.

Raj Kumar Makkad (Expert)
02 June 2020

@Mr. Sudhir!

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.

Sudhir Kumar (Expert)
13 June 2020

fresh query at

https://www.lawyersclubindia.com/experts/how-to-know-the-exact-time-spended-in-jail-719476.asp

Rajendra K Goyal (Expert)
13 June 2020

There is chain of queries on one event under the name of different querists.

Raj Kumar Makkad (Expert)
13 June 2020

This person is fond of raising the similar query before the same experts in the changed language though nothing is coming out of the issue.

Rajendra K Goyal (Expert)
14 June 2020

Though the main cause / case is one, till almost in all the queries the subject / query / questions are different.

Sudhir Kumar (Expert)
14 June 2020

मुफ़्त के चन्दन
घिस मेरे नंदन
लंबा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा

Rajendra K Goyal (Expert)
15 June 2020

Effected laymen try to find shortcut to come out of the problem. Sometime such approach is a situation of helplessness.

जो चाहिए सो माँगिये अल्लाह से 'अमीर'
उस दर पे आबरू नहीं जाती सवाल से
- अमीर मीनाई

Raj Kumar Makkad (Expert)
15 June 2020

It is surprising that our brothers are not only experts in law but also in Shero-shayri.

Sudhir Kumar (Expert)
15 June 2020


I have seen the views of Drt Ramani on the following thread four yeas ago.


https://www.lawyersclubindia.com/forum/Suspension-of-govt-employee-on-criminal-charges-123904.asp

I have on that thread itself recorded my ananlysi which I repeated as under :-


Under Government Servants' Conduct Rules a Government Servant will normally be kept under suspension

STAND CORRETED : CONDUCT RULES DO NOT HAVE PROVISION FOR SUSPENSION. IT IS CC&A RULES WHICH RELATE TO SUSPENSION.

as soon as intimation of FIR is received in the Office of the Government Servant.

STAND CORRETED : NORMALLY SUSPENSION IS NOT RESORTED ON RECEIPT OF FIR

In fact even without an FIR, if information is received that the Government Servant was arrested and detained for more than 24 hours he will be placed under suspension.

STAND CORRETED : IT IS 48 HOURS CUSTODY WHEN GOVT SERVNT IS UNDER DEEMED SUSPENSION

If he gets anticipatory bail, he can apply to his Office for his reinstatement until conclusion of the case.

STAND CORRECTED : IF HE GETS ANTICIPATORY BAIL SO HE WAS NOT ARRESTED. SO THERE IS NO DEEMED SUSPENSION.



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