498 a and govt job

exec

Hi members,

Request your kind advice.

after my wife filed RCR, i filed divorce, then she filed 125,

yesterday was counselling day for 125 case, interim maintainence.

there the counsellor constantly tried to reason with me and pressurise me to stay with my wife. to which i said that i have filed the divorce case on the grounds that i have, and i dont want to continue to stay with her, come what may. i am ready to pay whatever the court decides on the 125case.

to which the counsellor started to threaten me on her behalf, saying that, she is a good girl, she has not yet filed 498 on you, or you might have landed in hell, i told her, that i was getting constant threats from her, and i have already informed about this to the womens cell of police.

now the counseller has her all charged up to file a 498 against me and my family.

i am fearing a 498 or a DV to fall on my head and my family

I want to ask:

my brother has recently joined a govt job on probation, will he be under threat? if his name is taken, will he loose his job, what precaution should he take?

 
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Advisory/Advocacy

An allegation made is not an allegations proved. Have Anticipatory bail in your agenda since you apprehend a 498a.

 

It will be against the principles of natural justice if your brother loses his job

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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advocate

 

 

go to this query were Mr sudhir kumar has explained very clearly and what steps to be taken 

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=59723&offset=2#.UXYzzqITJpw

 

 

 

1. If I get a anticipatory bail, then would filing of 498a will lead termination of my job

 

Ans : You are a probationer that does not mean that you can be terminated if you get an accused in a criminal case. But during criminal case you will not be able to clear probation and if the case continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced.

 

If the custody is there for more than 48 hours the suspension is deemed and that is also a hurdle to clear probation if continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced.

 

Someone  advised you that “More than 48hrs of custody is there then u may be dismissed.” I strongly disagree with this view probably the expert has not seen rule 10 of CCS(CC&A) Rules.  48 hours custody is deemed suspension which the deptt can revoke any time even on the same day if they so decide and even continue for the entire period of trial by review after every 90 days.

 

 

 

2. If I am terminated if 498a case is filed or i am arrested, and in due course i prove that the case was false, can I be reinstated

 

 

Ans : One does not get entitled to reinstement simply because he is acquitted by criminal court. If you are acquitted on merits ( not on suspicion or procedure) you have a case to stake reinstatement.

 

 

Someone advised you that “dont come in hand of police. Go hiding till u get AB. Keep track of the case.” It is better if you could get AB before being arrested but for evading arrest you will have to be absent without leave and the department can initiate disciplinary proceedings. If you apply for leave your boss can give you no leave without informing leave address and the police is empowered to get the said address from deptt. Deptt proceedings on charge of unauthorised absence is  a hurdle to clear probation if continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced. In case of unauthroised absence from duty you in case you do not attend inquiry you are liable to be dismissed by ex-parte inquiry and such dismissal is not challengeable if you are reinstated of the criminal case.

 

 

 

Someone advised you that “In case you are caught, you are not in jail as a part of conviction rather it’s a custody and will not effect your job by law” I am afraid  that the rule relating to vigilance clearance and also CCS (Temporary Service) Rules  are perhaps not known to the expert.  I have explained above. Such custody is (though not immediate) but is detrimental to the job by following due process of law.

 

 

Someone advised you that “ Its better to take your boss in confidence and work real hard to prove your performance specially at this time.” Not a bad idea but you have to remember that if you have custody beyond 48 hours then you boss is not in any position to help you at all to avoid deemed suspension and if during probation some criminal case is pending your profession excellence and positive reporting by the bosses may not be of any legal help.  But their cooperation will certainly give you moral boost.

 

Someone advised you that “Termination can not happen so easily  in GOV job” but it does after following the procedure I say so as I had been in Govt for 30 years and spent larger part of my career dealing such cases.

 

Some one advised you that “If suspenstion happens then it hardly takes 3-4 days to ressume your job” I do strongly disagree. This does not always happen rather this rarely happens. I explained above that the deptt has powers to revoke the deemed suspension same day or to keep it continue after every 90 day review. That does not mean that the deptt will certainly and always using such powers.  But on completion of 48 hours of custody you are deemed to be off duty till you get a revocation order.

 

Someone advised you “Join siff forum for proper guidelines of ur case becoz posting few lines are not sufficient.“ I fully agree with this.  Institutionalized support is needed by you.

 

I also agree with those experts who have advised compromise because of the probation the things are complicated for you more than any other Govt servant.

 

So far non has advised so I advise that every Govt servant has a duty to report his arrest and bail to the department (even if police may or may not do so) failure to do so results in another depttl misconduct and disciplinary proceedings can be initiated so be careful of advise if someone advised to hide arrest from deptt.


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advocate

there are different views expressed by our friends so go to another query

http://www.lawyersclubindia.com/forum/Safety-of-my-brothers-job-in-case-498a-on-us-63083.asp#.UXYzO6ITJpw


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exec

@kmahesh, and @chetan....thank you for your kind advice. i just wanted to futher ask, if a 498a or DV is filed after a RCR case filed by wife, then will the 498 case have more weightage?, as the RCR case is for intention of resumption of cohabitation by wife, then can she file a contradictory 498 or DV case, ( the RCR case has all false allegations of dowry and harrassment)

request you to pls advice. thanks

 
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Advisory/Advocacy

Both are different cases. Filing of 498a cannot be presum that the wife is not willing to cohabit.

 

 

Contend the RCR strongly...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 
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