Implication of dowry case on govt employee

Mr. Naveen Koyyana,

1.  Is there any chance of getting bail for him as he is working in Punjab?

Please file Anticipatory Bail U/S 438 CrPC with help of any lawyer.

2.  If he surrenders in the court, will he get bail?

If he don't have Anticipatory Bail then he should not surrender until he get AB.

3.  If he is arrested, what will happen to his job?

If he is arrested and stays 72 hours in custody then he might be suspended from his job with subsistence allowance 1/3rd of his salary per month. Once he acquitted he will be joined again with all pending salary with interest.

4.  His father is also a govt employee. What will happen to his job if he is arrested?

Same as point 3

Please see my post on the following link for details: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

MY SUGGESTIONS WOULD BE:

1. TRY TO BE BRAVE. TRY TO BE STRONG.

2. MUST BE 498A. SO HIRE BEST POSSIBLE CRIMINAL LAWYER FOR THAT.

3. DV ACT CASE: GET A GOOD LAWYER. WILL DO.

TO CHOOSE YOU HAVE TO THINK OF BUDGET. ASK YOUR CONTACTS. MEET SOME LAWYERS. SEE WHO MAKES YOU FEEL COMFORTABLE AND CONFIDENT AND ALSO FITS IN YOUR BUDGET.

LASTLY TRY TO KEEP COOL IN TRYING CIRCUMSTANCES. LET THE LAWYER BE YOUR GUIDE. KEEP IN TOUCH WITH LAWYER REGULARLY.

1.  Is there any chance of getting bail for him as he is working in Punjab?

Ans : Working in Punjab on all India transferable job is no ground for bail.

2.  If he surrenders in the court, will he get bail?

Ans : No facts of the case are revealed.  Matter of speculations

3.  If he is arrested, what will happen to his job?

Ans ; Armed Forces have no provision of suspension.   However if involved in criminal case he may not get promoted.  You have not indicated his rank.  If he is PBOR then continuation  in service depends upon promotion.  If retired during pendency of case his terminal benefits will not be released fully (i.e. will only get AFPPF and Gp Insurance)

4.  His father is also a govt employee. What will happen to his job if he is arrested?

Ans : If remained in custody beyond 48 hours he will be deemed suspended. During pendency of case he will nto be promoted.  If retired during pendency of case his terminal benefits will not be released fully (i.e. will only get GPF and Gp Insurance)

Dear Querist

he should filed anticipatory bail u/s 438 of Cr.P.C and his parents also filed the same, due to matrimonial dispute the court will consider all the soft and polite nature to settle the matter through mediation or counseling.

Feel free to Call

The only option available before him is to apply for anticipatory bail, get enlarged on bail and contest the case as per merits.  Same reply goes to his family members too.

Furthermore, if he is serving in Armed Forces then his wife does not have to approach court for maintenance.  an application to CAS on plain paper is sufficient for salary deduction.

while agreeing will all other views of Mr Satya Prakash Bani.  I refer to his following advise

3.  If he is arrested, what will happen to his job?

If he is arrested and stays 72 hours in custody then he might be suspended from his job with subsistence allowance 1/3rd of his salary per month. Once he acquitted he will be joined again with all pending salary with interest.

Mr Bani deserves praise for best attempt to reply to the queriest in trouble

But I will differ on limited point :-

1. It is not 72 hours of custody but just 48 hours of custody which leads to suspension.
2. The said custody may be justified/unjustified or legal /illegal.
3. It is not likely to be suspended but deemed to be suspended.  In case govt employee does not report his custody  (even if police omits) then entire subsequent salary drawn by him can be illegal.
4. Deemed suspended employee (48 hours of custody) has no right to be on duty till suspension is revoked by deptt.
5. It is competent for his deptt of immediately revoke the deemed suspension and take him back on duty with full wages.
6. Once suspended on has got some new rights and different  liabilities different from normal service conditions.
7. Every suspension is liable to be reviewed after three months and failure to do so results in continued suspension being illegal.
8. The provision of suspension is for civilian employees only and not for IAF (uniformed) personnel. But his continuation of service beyond certain No of years of service (dependent upon present rank)  is related to further promotion which may not taken place during criminal trial.
   
9. IAF (uniformed) personnel on discharge may try resettlement in Govt sector but pending criminal trial will be bar on his re-employment.
   
10. Criminal case (suspended or not)is bar on promotion or release of terminal dues (except Gp-Insurance  and PF)
11. Even on acquittal one may not be sure to be taken back on duty next day (if suspension continues during trial). If acquitted on procedural/technical grounds then the deptt has discretion to initiate departmental proceedings (on the same charges).
12. If reinstated the balance period can be ordered as full salary, or even as leave period at the discretion of the deptt.  If declared on full salary there is no provision of payment of interest on the balance of wages. One may have to move to court separately for the same.

Further Govt servant having been in custody or released on bail has a liability to intimate full facts to the deptt immediately (regardless if the police/copurt hs intimated or not) and failure to doso can result in another departmental misconduct.

if our legal process is so as mentioned by Sudhir Sir then how the foundation of our Great constitution is followed here. 

How a mere complain by wife can destroy a husband's career ?  then how 

#        Article  21 declares that no citizen can be denied his life and liberty and 

#       Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State  cannot discriminate any of the Indian citizens on the basis of their religion, race, caste, s*x or place of birth.

You at thsi stage need to concentrerate how best to protect yourself in the given system.

Thank you very much to all for your invaluable suggestions. His parents were given bail by High court. When his bail was rejected two times, he surrendered in the court and came out on bail. Now he realised the feel of married life after a short stay in jail.