Reinstatement
Ramesh
(Querist) 04 April 2016
This query is : Resolved
Sir I was suspended from last 10 month dept serve me chargesheet and file a criminal case which is under trail and dept appointed investigation officer but till now there is no investigation started and after I have applied they don't revoke my suspension. Suggest me what to do can dept kept me in suspension for such a long time. On what basis I file case in court to revoke.
Kumar Doab
(Expert) 04 April 2016
You may show all employment related documents to an able Labor Law Consultant/Service matters lawyer and avail the services of a competent Defense Assistant.
Sudhir Kumar, Advocate
(Expert) 04 April 2016
no better views can be expressed n the sketchy information given.
Rajendra K Goyal
(Expert) 04 April 2016
Department may or may not keep you under suspension till the decision of the criminal case.
Rajendra K Goyal
(Expert) 04 April 2016
Department may or may not keep you under suspension till the decision of the criminal case.
Rajendra K Goyal
(Expert) 04 April 2016
Sorry repeated third time due to net problem.
kavksatyanarayana
(Expert) 04 April 2016
In general procedure, when a criminal case is filed and it is under trial or investigation, the suspension cannot be revoked till the criminal case closed.
Sudhir Kumar, Advocate
(Expert) 05 April 2016
Not able to fully agree.
suspension can (or cannot) be revoked till trial.
Rather some deptts instead of paying the employee 50% of wages (increasable upto 75%) during entire period of trial, without taking work resort to initiation of disciplinary proceeding and throwing away from service without waiting for end of criminal case. This is legally permissible.
Devajyoti Barman
(Expert) 05 April 2016
File a writ petition challenging the same. Without a proper inquiry merely because of ongoing criminal case you can not be remain suspended for such a long time.
Ramesh
(Querist) 05 April 2016
As I am suspended for dept enquiry and after that without giving me any chance to listen they file a criminal case after two months of suspension and after 4 month challan is filed but they don't enquire me not REVOK me. So my suspension was for dept enquiry but they made it criminal cases and suspended me for 6 month before challan.
Kumar Doab
(Expert) 05 April 2016
The dept has acted in the manner it wanted to act.
You want to agitate.
You may show all employment related documents to an able Labor Law Consultant/Service matters lawyer and avail the services of a competent Defense Assistant, and act on the advises in the thread in consultation with your able counsel.
Ramesh
(Querist) 05 April 2016
Thank you sir
Sudhir Kumar, Advocate
(Expert) 06 April 2016
not able to fully agree with Mr Barman.
(i) deptt can keep you suspended for entire duration of the case and they are only liable for periodic review.
(ii) No inquiry is needed for suspension. Inquiry is only needed before punishment.
But I agree that you have a right to appeal against continued suspension and even litigate for the same
Sudhir Kumar, Advocate
(Expert) 24 July 2016
http://www.lawyersclubindia.com/experts/for-review-of-confidential-report--609086.asp
are you the same person who was having adverse report as JE in Govt
Kumar Doab
(Expert) 24 July 2016
You can benefit from the advise of experts, in all threads.
As already suggested, For proper guidance and methodical approach,You may show all employment related documents to an able Labor Law Consultant/Service matters lawyer.
Guest
(Expert) 24 July 2016
Mr. Ramesh,
Suspension cannot be revoked without the consent of the police that too, if police investigation is still incomplete. Departmental inquiry on charge sheet is quite a distinct action from criminal trial in the court of law. You will have to undergo that exercise also to defend yourself, besides your defence in the court in criminal trial.
