Help me and guide me
Syed Tarik Raj
(Querist) 26 March 2013
This query is : Resolved
Thanks for helping me
Sir
Sir I am working at Institute of Bioresources and Sustainable Development (IBSD), Imphal, Manipur under Dept of Biotechnology, Govt of India as a Store Keeper. I was suspended from the said post on 23rd May, 2012 as I was in the custody for more than 48 hours in connection to the lost of cheque from the cashier custody and the cheque was enchased. I was released on bail on 29th May, 2012 and the police is saying that they are investigating the case till today. When I got bail the judge say that I was arrested on suspicious ground and now the police is also saying that I was arrested on suspicious ground. Till toady they are not putting up any charge sheet against me.
In this connection please help me -
1. In this connection an FIR [ No. 73(4)2012LPS u/s 420/468/120-B/34-IPC] also launch. So for revocation of my suspension is there any rule saying that first an FIR is to be closed?
2. My Suspension was revoked by an officer dated 20th December, 2012. But the order was received on 28th January, 2013. Till today the FIR is not closed nor the police frame any chargesheet.
In this connection I want to know that:-
1. Now the authority is saying that they will be constituting a committee for investigation when I move for my increment and my due salary. But till today the authority is not constituting any committee nor giving any order saying that I was in duty during my suspension.
I will be very thankful to you if sir kindly help me in this regard. I will be eagerly waiting for your kind reply.
Devajyoti Barman
(Expert) 26 March 2013
1. No there is no Rule. The department can invoke your suspension after an enquiry.
2.Ask your department to constitute Committee soon.
Sudhir Kumar, Advocate
(Expert) 04 May 2013
An employee under suspension has a right to stop contribution to GPF, CGEGIS, society dues. If PLI subscriber he also has a right to stop premium and keep the policy alive. But you are already reinstated.
You will be entitled to full wages not because merely you are reinstated but when then competent authority passes specific orders to that effect.
There is no rule to say that the FIR need to be closed before reinstatement.
If no charges are filed for long you have to approach High Court for quashing of charges if police doe snot file closure report.
