498a and 406
abhimanyu
(Querist) 07 June 2013
This query is : Resolved
One of my known to is a Government servant. His case for divorce is pending in the court. On a false complaint by his wife in women cell, he was sent to judicial custody by the court and remained there for more than 48 hours.
Experts may advise the effect of judicial custody for more than 48 hours on his government service.
M.Sheik Mohammed Ali
(Expert) 07 June 2013
its not affected, if the offence is confirmed will effected.
adv. rajeev ( rajoo )
(Expert) 08 June 2013
He wont be suspended from the service. If he found guilty and convicted then he will loose his govt., job.
Guest
(Expert) 08 June 2013
He would be put on deemed suspension from the date of custody, as he remained more than 48 hours in judicial custody. However if he is exonerated of the charge by the court, his suspension would be treated as duty for all purposes. Otherwise, on execution, he can also be dismissed from service after pronouncement of judgment even without holding departmental inquiry. So, ask him to defend himself strongly in the court case.
Sudhir Kumar, Advocate
(Expert) 16 June 2013
I agree with Mr Dhingra and would slightly disagree. Mr Dhingra advised that he will be on deemed suspension. I would say that he is under deemed suspension and not entitled to attend to duties and draw full salary until and unless his deemed suspension is revoked.
Further,he is under obligation to intimate to the deptt regarding his custody and bail. If he has not done so he is liable for disciplinary action.
