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rajendra (na)     14 November 2013

What will happen to the govt employee in a criminal case


What will happen to the Govt employee in a criminal case?wil he loose the job or suspeded?

What wil happen to the pentioner?

What if the crime is proved against them?

Kindly suggest


 18 Replies

BAALASUBRAMANNYAMM (Advocate)     14 November 2013

You want full details, go through it. 


T. Kalaiselvan, Advocate (Advocate)     14 November 2013

A government employee if convicted to undergo imprisonment and has not appealed against it, may stand to lose his employment.  It is not so in the pentioner's case, because he is not employed.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

you may better come with full facts so that a suitable advise can be given.

Sudhir Kumar, Advocate (Advocate)     28 April 2014



Govt employee in 48 custody is deemed suspended.  It is not that he might be suspended, he is suspended.  The department still has option to revoke suspension forthwith and take him back on duty and police or complaint has no right to appeal against reinstatement. Anyway each type of suspension is liable to be reviewed and renewed within 3 months lest it is lapsed. 


You may kindly provide details of the case as in some cases the person can be continued on suspension even on acquittal from criminal court and subjected to disciplinary action.


Further in some cases the department can start disciplinary proceedings even during the trial on same set of cases.


So given the facts of the cases you can benefit better.

Sudhir Kumar, Advocate (Advocate)     28 April 2014

Further you have asked what happens if crime is proved.


If he is convicted then he can be dismissed from service (or any other penalty specified in rule 11 of CCS/CC&A Rules) without chargesheet.  However SCN will still be issued to him and served in Jail.

Sudhir Kumar, Advocate (Advocate)     28 April 2014

you queried about pension also.


If retired during pendancy of the case he will get only provisional pension (not regular) no gratuity or leave encashment. Full PF and Gp Insurance.  The position may be different if he is EPFO/ESI covered.


If he is retired then no pension can be stopped (i) unless convicted (ii) without orders of President with or without UPSC advise where applicable.


rajendra (na)     28 April 2014

Thank you for all your answers....

I have one last query.....before filing the case if the person is retired and already getting pension....what will be happen to him after filing criminal case against him?

will the govt stops his pension once he is in remand?

what if this person convicted?

Thanks in Advance

Sudhir Kumar, Advocate (Advocate)     28 April 2014

already replied. do not take viva.Come with full facts of the case.

Sudhir Kumar, Advocate (Advocate)     28 April 2014

already replied. do not take viva.Come with full facts of the case.

Sudhir Kumar, Advocate (Advocate)     29 April 2014

There is no term called "suspension allowances" is Govt sector.


P{lease read FRSR to know what is real term.


Let the querist ask further if he has any query.

rajendra (na)     29 April 2014

Thank you for all your answers...

in my case my father is a govt employee who is falsely accused in 498a case and got AB...

now we have field quash in HC(charge sheet)....

Now i am planning to file 420 case on my father in law becasue i have married to female impotent..

he is a retired govt employeee(retired in 2010) now getting pension...i know 420 is  a non bailable case..

what will happen to him if he is going to be arrest(in case of no AB)?

Will he get pension?

what if he convicted in this crime?

kindly suggest

Sudhir Kumar, Advocate (Advocate)     29 April 2014

so you are asking nothing about your father.  You have filed quash petition.


Re your FIL.


how do you prove that he knew that your wife is impotent.

Sudhir Kumar, Advocate (Advocate)     29 April 2014

now your father is serving Govt employee and is on bail.


Has he intimated the fact of being on bail to his department?

Sudhir Kumar, Advocate (Advocate)     29 April 2014

you seem to be interested to share facts on instalement basis and deprive yourself of consolidated advise.


anyway your choice.

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