Accused in 498 a requirs to be rusticated ?

Dear Querist

it's depend on the Govt. Policy, if there is any provision in policy he can be otherwise not

on this forum there is a Krishna Rathore, her questions and queries is similar to your quiry, find out who is she , i think she is the main culprits who filed 498a, anyway i think minimum 24 hrs arrest is required but in training it may be on trg policies, there is a legal cell in every trg institute, take the order and show them, 

also show the judge who bailed u. its a revenge to harrash u let he feel it

@ Lady,

Appreciate the facts and settled law first before jumping on roof top and dreaming of an Govt. employee suspension so summarily;

1. A person, who is released in bail, should not be kept under suspension for indefinitely long period is what Tribunals have said in defence of Govt. employer facing S. 498a IPC in reference to query is first rebuttal to your war cry here.

2. A person even if put on departmental enquiry is allowed 50% suspension pay (allowances included) which if he challenges via Writ jurisdiction showing peculiar circumstances within his family can be raised to even 75% is second rebuttal if you think he should live penniless i.e. minus service pay.

3. It is now settled law that parallel proceedings both in criminal Court (under S. 498a IPC in reference to query) and by employer (suspension question as raised by queriest) are permissible only in cases where offence alleged is against the person or property of employer, co-employee, in course of employment, at the place of employment or in connection with the employment of the employee and nowhere else is my third rebuttal.

4. In say aforesaid situation even if an employee is acquitted in a criminal proceeding (under S. 498a IPC in reference to query) before the Court of Law, an employer can nevertheless proceed with the departmental enquiry. For instance, if on an allegation of defalcation of employer's money, in the criminal proceedings (under S. 498a IPC in reference to query) due to faulty police investigation the employee is acquitted, an employer can reasonably contend that he is not satisfied with the police investigation and he having suffered, he has the right to start parallel departmental enquiry against the employee is condition precedent stated as forth rebuttal.

5. Similar is the cases where it relates to any offence against the property or person of the co-employees or if the incident occurred in the place of employment as it relates to discipline of the places of employment; but, in a situation like the presented query one I cannot conceive of initiation of departmental enquiry which has nothing to do with the employment of the employee and is settled law.

6. Now in a case where an employee has already obtained bail, but the investigation or trial is pending, a duty is cast upon the employer to see whether there are exceptional reasons for not keeping the employee under suspension on the basis of materials then available. In this case, as indicated earlier, the employer proceeded, merely because he was in jail custody for more than 48 hours as if it is the law that he should be under suspension till the end of the judicial proceedings which is wrong departmental procedure in the eyes of law for vigilant govt. employee to proceed to State HC to challenge the same under extra ordinary Writ Jurisdiction and believe me they get instant relief.

7. Well if I am made to accept the reason assigned by the queriest here as in her query, then even in a murder case or a case of rape after an employee is acquitted, the employer will get jurisdiction to probe those incidents which is specifically barred under S. 4 of the Code of Criminal Procedure.

Hence, summing up I reply to queriest question in negative for aforesaid reasoning. It is other matter that the queriest may do all she can in the eventful facts situation but due to not knowing law she will end up in expensive experiments as Writ jurisdiction is remedy for her husband to quash and or set aside such suspension orders by his (Govt.) employee and is a very straight forward remedy he has and almost all govt. employee husband have received relief underin.

Kindly don't treat such accused person(s) as guilty of crime whose logical natural trial he has not even faced say by meeting his immediate superiors and asking for his suspension!

dont fear it will not effect your training, once u r in training nothing will happen,  u talk your higher authority and if u have written in your biodata married then dont fear

your views may be motivating for girls who are misuing the laws for her gains but makes the men more depressed

@ Mentally depressed

Your take is aimed at whom out of the three repliers here ?

I THINK ITS ON ME.......for my second rply

I had a subordinate who was arrested under 498A. He was detained for 15 days in jail before he got bail. Under Government rules there is an archaic rule which says that if a Government servant was detained for more than 24 hours ( or 48 hours) he should be suspended. Mine was a scientic institute and scientists neither know nor bother about these. I spoke to the administration, said that the concerned Government servant was innocent and hence not to take any action. No action was taken against him. But there are some foolish self-righteous administrative officers who go by what is written in the book and suspend the employee. Unfortunately if such a thing happens, he can get a court order restraining the authorities. A coveat also is a possibility.