Arrest or mere issuance of nbw enough for suspension?


Brief background of the case:

During 125 CrPC M.C. (maintenance) proceedings, I could not attend two successive hearings due to personal obligations (mom ill health) and the family court closed my evidence and passed the reliefs whatever claimed by the petitioner.

I filed CRLRC (revision) in high court against the above order and proceedings are at initial stage.

In between the opponent party filed E.P. u/s 125(3) in family court and I appeared there and expressed my wish to file counter to E.P. to which the court declined and issued NBW against me.

I have filed CRLP in high court against this NBW (proceedings at initial stage)

Now the opponent party with the help of police communicate the issuance of NBW against me to my Employer.

               So my query is, since I am a government employee, The mere issuance of Warrant (or) only The Actual arrest (custody of 48 hours) leads to my suspension?

 
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Originally posted by : Ramesh Singh
Welcome back Mr. Sai Sir,
your question is not of good taste!
Kindly refer: DoPT O.M. NO. 11012/17/2013-Estt(A) Dated. 2nd Jan 2014.
[Suspension of central government employee-Consolidated Guidelines and Instruction issued by Department of Personel & Training, Ministry of Personel, Pensioner & Public Grievance]

I have gone through it but I couldn't find any answer to the query I posed in this post, "The mere issuance of Warrant (or) only The Actual arrest (custody of 48 hours) leads to suspension".

And what is your view on the bolded words of the above and also of the below paragraph because an appeal against the adverse order is pending in high court.

In cases where a Government servant is reported to have acted in a manner unbecoming of a Government servant as, for instance, by neglect of his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules.  In this connection, a reference is invited to Rule 11 of the CCS (CCA) Rules, which specified the nature of penalties that may for good and sufficient reasons, be imposed on a Government servant.  It has been held that neglect by a Government servant of his wife and family in a manner unbecoming of  a Government servant may be regarded as a good and sufficient reason to justify action being taken against him under this rule.

It should, however, be noted that in such cases the party affected has legal right to claim maintenance.  If any legal proceedings in this behalf should be pending in a court of law, it would not be correct for Government to take action against the Government servant on this ground as such action may be construed by the court to amount to contempt.

[MHA OM No. F.25/16/59-Ests. (A) dated the 1st September, 1959].

 
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Originally posted by : Ramesh Singh
I've non personel view, whatever & whenever I respond is under purlieu of law in-force. And my interpretation is not necessarily be correct.
Coming to 125 CrPC and subsequent NBW.
the term "appeal" has not been defined in CrPC, its dictionary meaning, an appeal is a complaint or grievance to a superior court to reconsideration or review of a decision.
While the CPC providing the clearly stated and unambiguous provision of appeal, review, revision ( Sec. 96-112).
The point of collision and cause is, the salary withdraw after order of maintenance u/s 125 to issue of NBW are to be consider. (I think its my view)

Yah, it's criminal revision not criminal appeal. Since the matter is in the (subjudice) purview of higher judical forum, can't I resist my employer from taking any disciplinary action against me during the pendency of that criminal revision?? And also please share your your say on the ground required for suspension, mere issue of warrant itself enough or that execution of that warrant by the way of arrest & custody of 48 hours is compulsory.

 
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Advocate

It is only the arrest that will entail suspension and not mere issuance of NBW.

 
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Originally posted by : R.Ramachandran
It is only the arrest that will entail suspension and not mere issuance of NBW.

Thanks for sharing your view sir.

 
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