serious matter
pranay
(Querist) 16 October 2009
This query is : Resolved
dear experts....
this question is an extension of my previous question under the criminal topic heading with 'please help'. As i mentioned that my father is an employee of coal india (a public undertaking company) .There are many subsidiaries of it in which ECL is one headquartered in sanctoria , west bengal . Two years back he was in another subs SECL headquartered in bilaspur chhatisgarh . The story is that my father is superintending engineer , civil dpt and has to deal with the construction inside company . As it's a crucial position so he has to deal with different contractors . One such contractor after transfer of my father from chhatisgarh lodged a false complaint against my father due to some personal grudge u/s 420 of ipc dtd 28th jan 2008,that he has taken some amount from that fellow on name of providing employeement . While any type of employment inside company is not the subject of civil engineer and job matters are dealt by personnel dpt and final authority is chief general manager . At the time of investigation, project where my father was posted given my father the clean chit as no job was applied by complainant and there was no land application given by him (which is a criteria for getting job ). But police in nexus with that contractor ignored this point and continued this investigation . Meanwhile my father applied twice in session court for anticipatory bail and both time it was rejected due to diff point . This year on 18th sept a police team finally came to arrest my father . They gave an arrest copies to local PS , my momma and area security officer . As they had to go by road so it is a journey of more than 2 days . Where they took rest the first night there the police team changed statement and told my father that we are not here to arrest you we are just taking you for interrogation . Here we assume that the arrest was illegal as they didn't show any warrant or transit remand (we are not sure though, only you people can say under what condition police can arrest someone from other jurisdiction ). Anyway they told that we are withdrawing the arrest applications given in diff places . Then they took my father to S.P korba on 20th sep evening . There the s.p also said the same thing and told we have not shown anywhere that we have arrested you and took my father's statement. The IO demanded a big money to cancel the FIR which my father denied and to avoid arrest again left that place . On 22nd my father applied for anticipatory bail in h'ble high court of chhatisgarh . After that he returned back to west bengal but a new problem arose . The police team withdrew copy from everywhere but not from the local police station here . Which was unofficially collected by the local management and forwarded to ECL head quarter . Their logic is that according to govt of india employee code of conduct ,if someone is under police custody for more than 24 hrs ( some day 48 and some 72 , we are still not sure ) then they have to face suspension . While my father was never under arrest since he applied for AB and not signed any document by police . Hence this suspension if happens will not be legal . The issue is still under consideration . Fortunately on 8th oct my father was granted anticipatory bail by h'ble high court , which support our claim . Still we need a legal suggestion and some insight to the rules and regulations . If it was not an arrest then why should he be suspended . My father met every management member personally and produced all documents , only tinge is that application in P.S which was collected unofficially and forwarded . Also it's a personal case and no damage is done to the company .
please advice......
Raj Kumar Makkad
(Expert) 16 October 2009
In the light of facts submitted by you in detail, I am of the firm view that company cannot suspend your father merely on the ground that the copy of the application submitted with police station has been obtained (though unofficially). Even if illegally the proceeding of suspension is initiated also challenge it before CAT after submitting prior legal notice under section 80 CPC.
joyce
(Expert) 16 October 2009
your father cannot be suspended.But you can intimate the S.P of Korba and seek a help in getting the statement of what the cops have introgated your father and what statement your father has given to them, get the certified copy of it, if the copy goes to say clearly that no arrrest is made and no offences is proved to be done during investigation, if feels B 'false report to the FIR FILED.Request the local police C.P.I OR P.S.I to produce the b'false report to the court and get rid of that case.Any way hope anticipatory bail got its specified time do within the time limit.
Sachin Bhatia
(Expert) 22 October 2009
Company cannot suspend your father. If the proceeding of suspension is initiated you can challenge it before CAT.
