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suspension due to criminal case from state.

Delivery Head

Hi All,

Does a government servant who is an accused of a case filed u/s. 191,195,420,468 etc by State and relaesed on AB subject to suspension during trail of said case? Please advise!

Many Thanks!

 
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Lawyer at Supreme Court of India

Sir,

 

Is he being charged under these offences in the performance of his official duties? If the answer is yes then he can be suspended .

 

Warm Regards

Kapil Chandna Advocate

9899011450


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Delivery Head

Hello Sir - Thanks for response.

No, he is not charged for his offical duty. Honorable court has ordered to register a crime against him due to suspect of having collusion with Police in another seriouse matter. There are Police Personnel who are also accused in the said crime and based upon your comment I think Police Porsonnel should be suspended.

I am confused about another govt. servant who is also accused of said crime and not Police personnel. I have seen couple of examples where accused of IPC 498a and OTH. are suspended from duty by concerned Department during course of trial and hence want to check if this is applicable for each criminal case?

 

Regards!

 
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legal advisor

if a governement servant is arrested for committing some cognizable offence immediately the department in which he is working will keep him under suspension


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Dy Director

Not fully disagreeing with above.

 

A govt servant is deemed suspended if he is in a custordy for 48+ hours.  CHarges may be any connected/not connected with dury, true/false and custody may be lega/illegal.

 

Based on partial facts (rather no facts) no more views can be expressed.


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Delivery Head

Many thanks Saravanan Sir/ Sudhir Sir. In brief if I understood rightly, for a suspension of a govt. servant, custody is neccessary. Just existance of criminal case is not sufficient ground for suspension.

Kind Regards!

 
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Dy Director

Originally posted by : Dino Mackenzy
Many thanks Saravanan Sir/ Sudhir Sir. In brief if I understood rightly, for a suspension of a govt. servant, custody is neccessary. Just existance of criminal case is not sufficient ground for suspension.

Kind Regards!

Sorry you are very badly misinterpreting.  I never said what you wanted to hear.

 

48+ custody    -----  suspension is deemed even if not ordered by the deptt.  the deptt has no                                        choice.  The deptt can only order reinstatement and take him back on duty.

 

less than 48 custody or no custody or not even a crimina case    --- deptt can order                                                                                                                                     suspension

 

 


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Delivery Head

Apologies for confusion. Many thanks for response and clearing confusion. Appreciated!

 
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Originally posted by : Sudhir Kumar



Originally posted by : Dino Mackenzy



Many thanks Saravanan Sir/ Sudhir Sir. In brief if I understood rightly, for a suspension of a govt. servant, custody is neccessary. Just existance of criminal case is not sufficient ground for suspension.

Kind Regards!





Sorry you are very badly misinterpreting.  I never said what you wanted to hear.

 

48+ custody    -----  suspension is deemed even if not ordered by the deptt.  the deptt has no                                        choice.  The deptt can only order reinstatement and take him back on duty.

 

less than 48 custody or no custody or not even a crimina case    --- deptt can order                                                                                                                                     suspension

 

 

Respected Suthir Kumar Sir,

In your reply quoted above, you have indicated that " less than 48 Hrs custody or no custody or not even a criminal case- Dept. can order suspension." If so, kindly let me know under which rule/section, this suspension can be ordered?

Thanks in advance.

Regards,

Deepthisudan

 
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Originally posted by : Sudhir Kumar



Originally posted by : Dino Mackenzy



Many thanks Saravanan Sir/ Sudhir Sir. In brief if I understood rightly, for a suspension of a govt. servant, custody is neccessary. Just existance of criminal case is not sufficient ground for suspension.

Kind Regards!





Sorry you are very badly misinterpreting.  I never said what you wanted to hear.

 

48+ custody    -----  suspension is deemed even if not ordered by the deptt.  the deptt has no                                        choice.  The deptt can only order reinstatement and take him back on duty.

 

less than 48 custody or no custody or not even a crimina case    --- deptt can order                                                                                                                                     suspension

 

 

Respected Suthir Kumar Sir,

In your reply quoted above, you have indicated that " less than 48 Hrs custody or no custody or not even a criminal case- Dept. can order suspension." If so, kindly let me know under which rule/section, this suspension can be ordered?

Thanks in advance.

Regards,

Deepthisudan

 
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