Charge sheet against govt emoloyee

An employee of PSU was detained & arrested by the local police & lodged in the jail custody under Crpc 302 and 307, which has been arising out of the course of employment. As per the intimation received from local police about the detention & arrest management immediately suspended him on the ground of moral turpitude . Later he was released on bail by the Hon’ble court and his case has been listed and proceeding will start in due course of time. Hon’ble court has not been pronounced any judgement  declaring the employee whether he is accused or acquitted . Now the employee concerned approached before the management to allow him on duty.

My question is that under the above circumstances whether the employee concerned can be allowed to resume his duty, if so in which ground and if not the reason for the same? Whether his suspension will be continued till the final judgement is received. Expert's advise is required.

@Pradeep:
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Any person charged for criminal offence cannot be allowed to resume his duty after dismissal. Further, Clause (2) of Article 311 of the Constitution states that "no person holding a civil post under the Union shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed but only on the. basis of the evidence adduced during such inquiry."  
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One of the exceptions to the above rule is enacted in proviso (a) to Article 311(2) is that this clause shall not apply where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge."
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Thanks

 my question is "should i continue my service or resign? what will be my future? resignation is the solution of this problem or not?after resignation can i apply for other job ? i am 29 year old.if i apply for other can i show my both previous company experience?i am always thinking about punishment here due to mental stress i do not want to work .

Originally posted by : Pradeep
	An employee of PSU was detained & arrested by the local police & lodged in the jail custody under Crpc 302 and 307, which has been arising out of the course of employment. As per the intimation received from local police about the detention & arrest management immediately suspended him on the ground of moral turpitude . Later he was released on bail by the Hon’ble court and his case has been listed and proceeding will start in due course of time. Hon’ble court has not been pronounced any judgement  declaring the employee whether he is accused or acquitted . Now the employee concerned approached before the management to allow him on duty. My question is that under the above circumstances whether the employee concerned can be allowed to resume his duty, if so in which ground and if not the reason for the same? Whether his suspension will be continued till the final judgement is received. Expert's advise is required.

First of all you should have started a seperate thread instead of entering query on this thread whose subject has no connection with your query.

Secondly you have not at all indicated that what is your stake involved in the case.

I would partially disagree with Mr Upadhyay. A man facing criminal charges can be taken back on duty by  the deptt by revoking suspension.  During such service till acquital he will not get promotion/clearance of probation etc.

If convicted he can be dismissed/reved without chargesheet and inquiry.

Originally posted by : piyush
	i am working in autonomous body under central govt. department. before joining this service i had worked in other govt department for one month only. at the time of joining i did not write his experience in attestation form because this service was very short period.one of officer told me that you will be charge sheeted due to concealed fact .for me what is the best way ? if i resign this service and quit i will be safe or not? i crashed this exam and selected .

You have not indicated how serious is the concealment whether you  derived ay benefit by such concealment.

Be clear that once having conmmitted any misconduct in govt thenresignation and joinign other deptt cannot help.  The new deptt can take action against any misconduct commiited in past deptt.

i am working in autonomous body under central govt. department. before joining this service i had worked in other govt department for one month only. at the time of joining i did not write his experience in attestation form because this service was very short period.one of officer told me that you will be charge sheeted due to concealed fact .for me what is the best way ? if i resign this service and quit i will be safe or not? my question is "should i continue my service or resign? what will be my future? i am 29 year old.if i apply for other can i show my both previous company experience?.i do not to any risk and i wants to work in freely and fearless in any Government/Private company.i am single.i can survive any where.therefore i decided for resignation.if i relieved , can company issue charge sheet after relieving of the employee?after relieving there will be no employee-employer relationship.if i apply for other jobs at the time of Back ground verification my previous company may create any problem or not?i am waiting for valuable suggestion.

@ Piyush,

It is felt that similar query has been discussed in ther threads.

You have clearly erred.

To initiate a proceeding against you is discretion of the employer.

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=141072&offset=0

have you resigned earlier deptt?