visves 26 January 2017

FiR against govt employee

respected experts myself mbbs final year student my mother is working in govt veterinary hospital my sister is in psu bank. all are in govt sector. a false fir u/s 420 406 467 34 has been filled. we got anticipatory bail in high court. the complainant influenced police. police is not accepting our evidence. they are fabricating all evidence falsely. being a govt employee how it will affect our job ? we are ready to face trial. what will they do in my college and what will they do in my sister and mother office? compromise can't be made. we believe in court . please help regarding how can we save job. what steps to follow. what will happen if charge sheet is filled?

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7 Replies

Sudhir Kumar, Advocate (Advocate) 27 January 2017

A Govt servant has to intimate arrest and bail to deptt

Pawan S (Advocate) 28 January 2017

1. Be ready to face the trial.

2. You might require to take leave from office at the dates of hearing during the trial. Frequency of hearing dates might be once in a month or so.

3. I don’t see any reason to convey/intimate anything about these cases to anyone/dept. The Probability of arrest/custody in these cases before the judgement is remote.

Sudhir Kumar, Advocate (Advocate) 01 February 2017

repeated

https://www.lawyersclubindia.com/experts/Service-matter-621696.asp

Sudhir Kumar, Advocate (Advocate) 01 February 2017

your mother and sister being govt servant are duty bound to report the fact of arrest/bail to the deptt in writing. if custody exceed 48 hours the employee is deemed suspended from service.

visves 03 February 2017

thankyou very much both of you.

Sudhir Kumar, Advocate (Advocate) 04 February 2017

Originally posted by : Ekta
	1. Be ready to face the trial. 2. You might require to take leave from office at the dates of hearing during the trial. Frequency of hearing dates might be once in a month or so. 3. I don’t see any reason to convey/intimate anything about these cases to anyone/dept. The Probability of arrest/custody in these cases before the judgement is remote.

Non-reporting of arrest/bail to the deptt (in writing) by a govt servant is a professinal misconduct and disciplinary action can be taken against him/her. So there is a reasopn to do so.

Sudhir Kumar, Advocate (Advocate) 04 February 2017

Further, suspension or no suspension. A govt employee in volved in criminal case is not allowed to get promotion, fianncial upgradation, resignation, voluntary retirement, terminal benefits etc.