Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Revoke of the suspension and enhance the subsistance allowance

Page no : 2

GAJENDRA KUMAR (Service)     13 July 2017

 Sir first of all thanks for ur response, I want to inform you that Four Times in written, and orally about twenty times I have submitted my representation but nothing, you can think about their ignorance with the letter of extention of my suspension served by them after one year, which was because of so many times i  gave my representation to revoke or enhance my allowance but they are giving oral consolation to revoke but in written they are not doing, they are not considering about my dull economic condition, only they are telling that the case is of other than department and also the case is pending in the court how can we take decision. Even if i am telling that sir, you behave me with the rule of the department but they are not doing so, Simply they are escaping. I need ur guidance.

Kumar Doab (FIN)     13 July 2017

You are Co-accused.

The police might have investigated and concluded.

Get clean chit and approach establishment with it.

Take help of a very able local senior counsel of unshakable repute and integrity specializing in Labor/Service matters and well versed with such matters for a considered opinion.

 

P. Venu (Advocate)     13 July 2017

The suspension could be till the criminal case is disposed of. In the meanwhile you may make appeal for enhancement of subsistence allowance.

GAJENDRA KUMAR (Service)     14 July 2017

IF IT WILL TAKE TO FINALISE THE CASE ABOUT 10 YEARS THEN,

Shailandra (Animator)     09 March 2018

Madam kindly provide me the judgements as the case mentioned is similer of mine. Regards.

Shailandra Kumar

kumar.shailandra@gmail.com

Sudhir Kumar, Advocate (Advocate)     10 March 2018

you have so far not stated facts leading to the FIR.

Sudhir Kumar, Advocate (Advocate)     10 March 2018

repeated

 

https://www.lawyersclubindia.com/forum/Suspension-by-department-162382.asp


(Guest)

You are under deemed suspension in a police case and your suspension can be revoked only with the NOC of the police, if their investigation is complete. Otherwise, you will remain under suspension till you are exonerated by the court of law.

About your other question about charge sheet by your department, it is correct that your department can also serve you charge sheet on violation of the departmental conduct rules, may be during the course of trial or even after you are held guilty by the court of law. Please bear in mind, you can even be dismissed from service even without issue of charge sheet after the judgment, if you are convicted with punishment by the court in the criminal case.

So, defend your court case effectively to get exonerated of the charge.

However, your subsistence allowance was required to be enhance, as the delay in settlement of the case cannot be attributed on your part.

 

 

 

 


(Guest)

You cannot get any headway with the advice of Ms. Usha Kapoor, who does not seem to know the difference between the case of suspension in departmental disciplinary case and deemed suspension on a police case. So, don't be misguided by her advice. You can appropriately be guided only by the experts, who are well acquainted with the Rules and regulations of the Government. Copied and pasted documents of Ms. Usha kapoor cannot help you in any case.

If the investigation is already completed by the police and the charge sheet has been filed in the court of law, you will not feel the need of any judgment, as rules on the subject are very clear for the department. Even otherwise, if you represent to the department by quoting any judgment in someone other's case, the department cannot be compelled to revoke your suspenion on the basis of any such judgment. Judgments can be used only in the courts of law to seek relief on the basis of precedents that too if there is similarity in the case of the accused with that of the judgment. Otherwise, they are treated as junk even by the court of law.  

 

 


(Guest)

Some oward crook, hacked my ID, as per above post. Have courage and show me the face and your real ID.

 

OP CHANDEL   23 March 2019

Respected Ms Usha madam and Sudhir sir,

I'm a state Govt employee working in water resources department in Chhattisgarh. I'm also facing the situation of indefinite suspension due to imposing of criminal charges by competent agency. I want to submit my grievance for your valuable advice if permitted.

waiting for your permission,

regards

OP Chandel


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register