State govt employee got bail after 48 hours on false 498a case

Ravi (Querist) 09 January 2015 This query is : Resolved
R/Sir,
I am state govt. employee and working as JEN in RSEB. My wife filed a false dowry case 498A case against me and I have been in jail for more than 48 hours. So please tell me what to do reagrding joining my duty. During this period I was on medical leave.
I was on medical leave from 09/12/14 to 09/01/15 and went in jail on 05/01/15 evening to 07/01/15 evening.
Hoping for a positive response.

email : verma_441934@yahoo.com

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ajay sethi (Expert) 09 January 2015
inform your organisation that false 498A case has been filed against you and you have been released on bail

Guest (Expert) 09 January 2015
As per the situation explained by you, deemed suspension becomes due with effect from 05.01.2015 even if you join your duty after expiry of leave.

As per conduct rules for the employees, having remained under police/ judicial custody for more than 48 hours, you are required to intimate the fact in writing to your controlling authority without any delay.

Rajendra K Goyal (Expert) 09 January 2015
Well advised, agree with the expert PS Dhingra ji.

Sudhir Kumar, Advocate (Expert) 26 May 2015
since you had been in custody for more than 48 hours you are deemed suspended and not required to attend duty or apply for leave.

Therefore your medical leave application is redundant.

Take notice you are not entitled to draw full salary even if given unless deemed custody is revoked. You are not entitled to take benefit if the deptt is kept ignorant by you or by police regarding your arrest.

Take notice failure to report arrest/bail to deptt is in itself a misconduct irrespective of fact whether the police informs or not informs the deptt.

You have to give full facts to the deptt and pray for revocation of deemed custody. You should have done this next date of release instead of wasting time on gimmics for medical leave.

Since you are alleged for dowry demand then you are not in a position to annoy the deptt. Some persons may say that this allegation has nothing to do with office work. But I do disagree because as per Conduct Rules dowry demand is a professional misconduct for Govt employee renders him liable for disciplinary action without waiting for completion of trial.

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