Advice in matter of suspension after sentence declared by court

NAYAK MAFATLAL GORDHANDAS (Querist) 05 November 2011 This query is : Resolved
Sir, my friend was cought red handed by ACB and after that Bank Management suspended him and issued him chargesheet and punished him to lower scale.
After that Hon. court sentenced him for five years. He got bail from High Court of Gujarat. He was in prision for 20 days. After getting bail he was released from Jail. He resume his duty. Bank has suspend him. after some time he is issued show cause notice by the bank management why he should not dismissed from Bank service.
Sir, in this situation what to do. High Court has admitted his appeal against lower court's order i.e. imprisionment of 6 years, it is pending for disposal in high court.
Please guide me.
Thanks a lot
MG NAYAK
Officer
DENA BANK

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adv. rajeev ( rajoo ) (Expert) 05 November 2011
IF the high court allowed the appeal then suspension order passed by the bank has to reinstate him.

Arun Kumar Bhagat (Expert) 07 November 2011
In show-cause reply you state that appeal is pending and conviction order has not attained its finality.

Guest (Expert) 07 November 2011
Dear Nayak,

An employee cannot be punished twice for same offence by departmental disciplinary authority. Your friend can stick on this principle. In the instant case in the described circumstances, it would be case of double suspension and two punishments in the same case.

It seems the authorities were in a haste to decide the matter and penalise him earlier than the outcome of the pending CBI case in the CBI Court. If the disciplinary authority did so, it is the fault of the disciplinary authority. The authorities should have kept your friend under deemed suspension, instead of reverting him to the lower post, during the trial period in the court of law.

In the meanwhile your friend should exert full force on his appeal case, but the two cases (court case & delartmental case) should not be clubbed together in the appeal to make a hotch-potch. He should just give reply to the notice of the department appropriately on suggested lines.

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