498_final stage (Professional) 16 November 2012

Mother asked to produce fir copy to continue her service

Hello Experts,

My mother is working in a government aided school in Delhi. She retired last year in Nov 2011. She accepted extension of two years and began working again.

Now since her name is mentioned in the 498a FIR registered by my wife. My mother informed the school HR and requested for the leave without pay.

Now the principal of the school is asking her to submit the copy of the FIR to confirm the severity of the case she is trapped in. The principal also told her that she will be suspended if the copy of the FIR is not submited in the school. Can she be suspended from her job if her name is mentioned in any FIR? Can this also affect her pension?

The problem is that we dont have the copy of the FIR with us yet. Kindly advice what should my mother do?

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5 Replies

Sudhir Kumar, Advocate (Advocate) 16 November 2012

a retired employee when reemployed (teachers call it extention which is not extention) is not subject to suspension.

If your mother was in service she could have ben suspended just because her name is in the FIR (even if not arrrested).

She has already retired and a pensioner. Pension cannot be forefeited unless pensioner is convicted.

venkateswararao akkinapalli (associate) 17 November 2012

If it is continuous service on extension the extant rules will apply. If there is a break, then, her pension up to regular service is treated separately and the extension period not eligible to be included in the calculation. In any case a govt. servant under custody either judicial or police for more than 24 hrs. is deemed to be under suspension. While deciding the outcome the verdict/status of the criminal case is taken into consideration and a departmental inquiry shall decide the quantum of punishment if any. No automatic dismissal from service. Pension is the support of livelihood of the employee and his/her family and as such utmost care is taken while dispensing with pension benefit. Criminal case and departmental inquiry are independent, subject to administrative law. The vital factor is whether the employee is given extension on a consolidated pay or in continuation of service and this factor decides the status during departmental proceedings. Any Govt. employee if in custody exceeding 24 hrs is sufficient ground for deemed suspension and this applies to all employees. The trial of the case has nothing to do with suspension.

Avrao

Sudhir Kumar, Advocate (Advocate) 18 November 2012

Slighgly disagreeing. custody above 48 makes deemed suspension.

Person re-employed isnot subject to suspension.

Disciplinary action can be taken against a pensioner only if the reported misconduct is less than 4 years old.

If convicted the pension can be forefeited as the pension is subject to "future good conduct".. I doubt in case the allegations under 498a pertains to actions within service then even if convicted whether they can be taken as "future conduct"

V. VASUDEVAN (LEGAL COUNSEL) 18 November 2012

A personal issue such as the one cited has nothing to do with mis-conduct.

Sudhir Kumar, Advocate (Advocate) 19 November 2012

I will disagree with Mr Vasudevan. Govt servant's involvement in criminal case is not a personal matter. Lucky she already has pension which cannot be denied ulness she is convicted.