Help me please
Syed Tarik Raj
(Querist) 22 April 2013
This query is : Resolved
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 My Suspension was revoked by an officer dated 20th December, 2012.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.Even after repeated reminder for inquiry. During my suspension period also the institute committee also taken my statement but till today I have not get any report on that investigation also.
I will be very thankful to you if sir kindly help me in this regard. I will be eagerly waiting for your kind reply.
P. Venu
(Expert) 23 April 2013
1. Revocation of suspension is effective from date of issue of the order and not from the date of its receipt or its implementation. Hence you are entitled for salary from 20th December 2012.
2. You had completed more than six months of service since your last increment on 1/7/2011. Hence you are eligible for the increment due on 1/7/2012 with effect from the date of revocation of suspension i.e. 20/12/2012.
3. You are also eligible for the increment due on 1/7/2013 in the normal course, unless there are other intervening circumstances.
4. The Department would have paid you the subsistence allowance as per the rules. if not, you may represent.
5. This is a case of deemed suspension. Regularization of period spent under suspension depends upon the final outcome of the FIR and criminal case, if any.
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.
Sudhir Kumar, Advocate
(Expert) 04 May 2013
Repeated query does not change rules
http://www.lawyersclubindia.com/experts/Help-me-and-guide-me-381051.asp
http://www.lawyersclubindia.com/experts/Request-374101.asp
you are already advised on these threads on the issue
Sudhir Kumar, Advocate
(Expert) 04 May 2013
also repeated at http://www.lawyersclubindia.com/experts/Help-me-374106.asp
