Regularisation of suspension period - reg.

Vasudevan (Querist) 03 April 2014 This query is : Resolved
I am a Central Government servant and was suspended about 8 months for judicial custody exceeding 48 hrs. and investigation under process for a criminal court. The criminal case filed against me was put an end with the order of acquittal wherin it was stated that "the guild of the accused not proved beyond reasonable doubts and hence benefit of doubt extended to the accused." My department head has refused to regularise the period of suspension stating that the acquittal was given on benefit of doubt and therefore it is not a "honourable acquttal" and hence the suspension is justified. Please clarify whether the decision is in accordance wth law.

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Vidhi Joshi (Expert) 03 April 2014
Mention the same before the court.

Guest (Expert) 03 April 2014
For want of honourable acquittal, your suspension period till the date of acquittal can be kept as it is or be regularised as leave due to you at the discretion of the disciplinary authority, instead of duty for all purposes. If the suspension period is not reguarised as duty or leave due, the same cannot become the part of your qualifying service for the purpose of grant of pension.

However, if you desire the period to be treated as duty for all purposes, you will have to get a fresh order of the competent court with clear direction for the department.

Rajendra K Goyal (Expert) 03 April 2014
Agree with the expert PS Dhingra ji.

Vasudevan (Querist) 04 April 2014
Thank you Shri Dhingraji sir.

Sudhir Kumar, Advocate (Expert) 05 April 2014
agreeing with Mr Dhingra I will add that you have not elaborated what were the charges. Future course of action of deptt depends upon that as well.

Sudhir Kumar, Advocate (Expert) 05 April 2014
you thread

http://www.lawyersclubindia.com/experts/defamation-441466.asp#.U0AydqI1hn4

in this thread you intimated that charges related to corruption.

You are acquitted on benefit of doubt because standard of evidence required in criminal court is much more stringent in rather than deptt inquiry.

in this case deptt is free to initiate disciplinary proceeding by continuing suspension.

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