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Rsvi (Scientist)     20 September 2014

498a central government job.

Hello friends, I'm a scientist recently joined the central government service. I had filed a petition for divorce under abortion without consent against my wife in April this year. I joined my job in July and my wife filed 498a on me. I was detai ed for 5 days after which I got the bail.  I did t inform my office about this as I was unaware and it being a family matter. Now the FIR copy is issued to my office. How can I save my job. Please suggest me.



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 6 Replies

fighter (Software professional)     20 September 2014

There will be no loss of job.You might suspend only.But if  you informed there was no chance of loosing job.I am also researcher in central gov.Sword of 498 A is hanging on me but i informed my boss about this recently.He told me that he will help me if case will be filed.Better you talk to your immediate boss and convinced him  so that he will convince higher authorities that you informed your immediate boss verbally..

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Sudhir Kumar, Advocate (Advocate)     21 September 2014

you were detailed for more than 48 hours and you  are deemed suspended from that date till the said suspension is revoked.  The salary drawn during the period (even if you worked) is irregular. 

 

You are liable for disciplinary action for failure to report arrest and bail.

 

As long as the criminal case and disciplinary action (if any) or penalty thereafter is pending, do not expect any promotion/clearing of probation etc.

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Rsvi (Scientist)     22 September 2014

I heard that there is a Supreme Court judgement which states not hi suspend employees filed under 498a.

can anybody help me with this ?

India is great (Service)     23 September 2014

@RSVI----- "I heard that there is a Supreme Court judgement which states not hi suspend employees filed under 498a.

can anybody help me with this ?"

 

@RSVI ==   YOUR STATEMENT IS NOT CLEAR

Sudhir Kumar, Advocate (Advocate)     23 September 2014

being recent joinee you will not been able to complete probation during criminal case.  better seek out peaceful settlement.

Sudhir Kumar, Advocate (Advocate)     23 September 2014

Originally posted by : Rsvi

I heard that there is a Supreme Court judgement which states not hi suspend employees filed under 498a.

can anybody help me with this ?

Misconception

rules are very clear.  Govt employee detained (rightly /wrongly) (legally /illegally) in custody (whether produced or not produced before court) for 48 hours is deemed suspended which means he cannot join without revocation of suspension and if keeps on working without informing deptt then entire salary drawn is illegal.

The rule doe snot differentiate between 498a or any other law.


further 498a is a crime against woman and department can without waiting for outcome of the criminal case initiate  disciplinary proceedings.



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