a_roy (none) 04 March 2013

What if a non-bailably accused person is proved innocent?

I have heard that if a Govt service holder is arrested under non-bailable section and he doesn't get bail within 24 hours then he loses his job. But I fail to understand why there is such a punishment even before judgement result is known. Suppose after trial the person is found not to be guilty (the true culprit may be some body else) and is released. Will he get back his job or not? After all he may be completely innocent and no body knows the truth until it is established.

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3 Replies

Umar Faiz (Lawer) 04 March 2013

mere arrest of a person can not be a ground of termination or suspension of services... Services can only be terminated after conviction, Apex Court and High court decided this matter.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 04 March 2013

Government servant's conduct rules say this. But only suspension and not dismissal. But this rule is not valid under law of the land. If this rule is put into practice, every 498A husband will lose his job, if he were a Government servant.

Rajeev Kumar (Lawyer/Advocate) 04 March 2013

Only the arrest of a govt. Job holder is not automaticaly terminated or dismissed from Job. He will be suspended during the period of arrest and after releasing from jail on bail he will again join the service and his suspension will be vacated with the permission of department official. Only after conviction and getting the conviction letter thereafter govt. servent will be dismissed till the effect he will be not absolved in appeal.