TERMINATION FROM SERVICE AND ANTICIPATORY BAIL
mukesh
(Querist) 23 August 2018
This query is : Resolved
Dear Sirs
My brother who is a teacher in Bihar Govt and has been flasley implicated in a case by my neighbour with them we had some unresolved cases pending in court of law. They have said in Fir that my brother has fired on them with an unlicensed revolver which missed the hit.
Total 5 people are named in the FIR. It is mentioned in FIR that all have fired on them with unauthorized revolvers. As mentioned in FIR one bullet also hit a person but my brothers fire missed it.
Kindly suggest can my brother be given anticipatory bail from session court if eligible.
Can he be terminated from service even if he gets bail after being in custody for some days. I am a defence person serving away from my home in Bihar and my family members told me not to come home fearing I may also be implicated in false case.
Kindly give ur valuable suggestions.
Thanks and regards
Dr J C Vashista
(Expert) 24 August 2018
The government employee when taken in custody for more than 48 hours shall be suspended from service and DE instituted.
Bail is the discretionary power of the Court, no one can predict whether the accused can or can not be admitted to bail, which further differ from case to case, however, there is limited scope of grant of anticipatory bail in the instant case.
Consult your own lawyer for better appreciation of facts, analyse, guide and proceed, however, do not adventure to rely upon obligation of experts on this platform who are giving their opinion on the basis of limited information provided by you and bound to differ from real facts of the case.
Sudhir Kumar, Advocate
(Expert) 24 August 2018
I partially agree with Dy Vashist and express as under.
A govt servant in more that 48 hour custody (justified/unjustified) (legal / illegal) is "deemed suspended" That means he cannot resume duties unless authorities decide to revoke the said suspension.
This is suspension not termination.
Further also be enlightened and if granted bail the employee has a duty to inform the deptt regarding custody and bail
Deptt has power to initiate (or not initiate) DE on the same facts without waiting for court trial.
once convicted the employee is liable to be dismissed (not terminated) without any chargesheet and inquiry.
sachin sharma
(Expert) 25 August 2018
Practically Anticipatory bail depend on the fact and circumstances of each case and explaining skills of your advocate. As far as your question related to Government job is concerned, if u are acquited after trial, u will get your job back.
Sudhir Kumar, Advocate
(Expert) 25 August 2018
I disagree with the above view partially.
First of all job is not lost during trial. Deptts (though having right not to wait for completion of trial) but decide to wait for end of trial
One is liable to be dismissed without chargersheet and inquiry only when convicted
or
deptt decides to chargesheet him without waiting for the trail and proceed with dsiciplinary proceedings.
However in either case acquittal is not guarantee of the fact that the person (i) will not face deptt proceedings ; or (ii) will be acquitted if already dismissed.
mukesh
(Querist) 25 August 2018
Thanks a lot sirs for your expert opinions which will certainly help me to make future decision.
Sir kindly guide can we make a representation to the IO or his superior Authority to remove my brother name from FIR as he has been flasely implicated. Does the IO or any officer placed above him has the power to remove name from FIR if he gets satisfied with our representation.
