Revocation of suspention of a central govt. employee
mohanlal
(Querist) 14 December 2011
This query is : Resolved
1. I am a central government employee.
2. I was place under deemed suspension, as per CCS (CCA) Rules, in connection with a 498-A case because I was detained in custody for more than 48 hrs.
3. My suspension was reviewed by the reviewing authority within 3 months and extended my suspension for the next 180 days by stating “… taking into account all aspects of the case, the Review committee has recommend extension of suspension period for a further period of 180 days in continuation of the suspension ordered vide order dated XX.XX.XX.
4. My subsistence allowance was increased up to the 75% of the original salary (prior to suspension).
5. Immediately I appealed before the reviewing authority for the revocation of this order for the extension of suspension.
6. After two months of the said appeal no action has been taken in this regard.
7. What should I do to get the revocation as earliest as possible?
Raj Kumar Makkad
(Expert) 14 December 2011
You should send a reminder to do the needful at the earliest as the disposal of the case shall take a long time and moreover it is not a moral turpitude so it is unjustified to keep on suspending an employee merely by leveling charges by his wife which stand not proved as on date.
Guest
(Expert) 14 December 2011
Deemed suspension is the result of your police custody for 48 hours. Although disciplinary action by the department depends purely on the judgment of the court on section 498A case, but suspension can be revoked by the competent authority on merit of the case or on effective appeal, which can convince the appellate authority about continued suspension to be not in the interest of service.
Since you have already submitted an appeal for revokation of suspension, you may have to wait for the decision on the appeal.
Any further action can be suggested only after receipt of decision on your appeal.
In the meanwhile, since the subsistence allowance has already rightly been fixed, you can better concentrate on you 498A case to prepare perfect defence till decision on your appeal is communicated to you and you are reinstated back in service.
PS Dhingra
dcgroup1962@gmail.com
Advocate. Arunagiri
(Expert) 14 December 2011
You can approach CAT for quick disposal of appeal to your appellate authority.
Shonee Kapoor
(Expert) 15 December 2011
even I second Ld. Arunagiri.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 15 December 2011
CAT of course can issue order to the Disciplinary Authority (DA) for early disposal of appeal by the fixed date, but with no other relief till your appeal is decided. However, by going to CAT even for getting order for the DA, you may expect negative decision of the DA due to causing compulsion and resultant irritation for him on account of your approach to CAT at this stage.
In my views a humble reminder to the DA would be much better.
kusum gupta
(Expert) 16 December 2011
dear sir,
infact your suspension should have been revoked by this time as case may continue to be in process for more years that does not mean you will remain suspended till then. so sincere advise is that you move an application to CAT and get direction for DA
kusum gupta advocate
08826805283
mohanlal
(Querist) 16 December 2011
Some more facts and recent developments:-
1. Order of subsistence allowance was not served me on time.
2. When I requested for the settlements of my arrears, no action for almost 45 days.
3. Then order of extension of my deemed suspension and the old order of subsistence allowance was given to me.
4. Then after almost one month they first told me (telephonic conversation) that the arrears will be given in cash (amt. > 1 lakh).
5. When I requested to give in cheque then they tried to take my signature on some false papers.
6. Finally I requested the disciplinary authority (DA) to credit my arrears directly in my savings account for salary. They did it finally.
7. Then the assistant account officer abetted me to give the “Certificate of non-employment”, which is requisite to get the subsistence allowance, few days before month end so that they can process it fast and credit the amt. in bank account on time. I was surprised!
8. Now they have credited my subsistence allowance for the month in my bank account without submission of my certificate of non-employment of that month.
My Queries:-
(a) Since I am expecting revocation of my deemed suspension this month, will it create a problem if I get the subsistence allowance of the month and subsequently the order of revocation comes to me predated (if)?
(b) Are these mentioned acts deliberate?
(c) What to do – accept the subsistence allowance or return back by saying that I have not submitted the certificate and wait for the order of revocation.
regards.
Guest
(Expert) 16 December 2011
Dear Mohan Lal,
I have already advised you to just concentrate on your criminal case of 498A. You should not try to open all the fronts against you by offending your departmental people also even if there is some procedural delay on their part when you don't have any awareness about working procedures and formalities needed to be observed by the adminisistration and accounts wing of your department.
You must accept payment of your subsistence allowance even if you have not given any certificate. After revokation of your suspenstion the concerned drawing & disbursing officer/accounts branch will take care of proper adjustment for drawal of difference of your pay and allowances.
mohanlal
(Querist) 19 December 2011
If the justice prevails in this country then certainly I will come out as innocent one day.
Guest
(Expert) 19 December 2011
Efforts should not be left out.
mohanlal
(Querist) 23 December 2011
Recently information is received shows that 'they is no valid ground' mentioned by the ‘Disciplinary Authority’ (DA) while recommending the extension of suspension for further180 day to the “Reviewing Authority” (RA).
What action can be done against the DA and RA for this act?
Guest
(Expert) 23 December 2011
Now a days the review of suspension is made by the reviewing committee before expiry of initial period of 3 months of suspension. Extension of suspension is made on recommendation of the Review Committee only. So, there is no role of DA or RA.
But I feel, instead of concentrating on defending your 498A case, you seem to prefer to open all the fronts at a time by taking cudgels against the departmental authorities. So, I would like to advise you to better go through some good book on disciplinary proceedings, besides studying CCS (CCA) Rules 1965, instead of striking in the dark to avoid any unwanted effect to your service just in haste.
REST DEPENDS SOLELY ON YOUR OWN WISDOM HOW TO PROCEED WITH PEACE OF MIND ON SINGLE SIDE AT A TIME, OR ON BOTH THE SIDES SIMULTANEOUSLY.
I won't discourage you to file any court case against DA or RA, if you so like, but you will not only end up with defeat in your case in view of their hands being bound by the ruling position in the CCS (CCA) Rules, but would also earn wrath of the authorities for unnecessarily dragging them in the court of law.
mohanlal
(Querist) 24 December 2011
My wife and in-laws, who have lodged false case of 498-A against me, have close connects with the DA.
Sudhir Kumar, Advocate
(Expert) 17 February 2012
You can approach CAT. If you fee DA is biased then you can approach Appeallate asuthority.
By the way why you do not listen to what Mr DHingra has advied. You should concentrate on 498a case adn nto deprive you of the paid holiday.
