Effect of 498a on probation of gov. employee

1. No

2.filing of case or arrest do not automatically result in termination from govt. service.

There are lot of people who have job and 498a?DV?other cases.

1)dont come in hand of police. Go hiding till u get AB. Keep track of the cases.

2)Once you get AB then further fights it on its merit.

More than 48hrs of custody is there then u may be dismissed. Immediately after 498a complaint/FIR concentrate on AB. Keep informed to ur higher official and take them in to ur confidence.

Hi, My brother is also in in GOV.  Our case is in UP Where there is no AB and we are still fighting and you can follow our case and questions I have asked regarding this here. Here is my understanding

1. Your probaility of getting AB is high in false cases as now its been spreaded everywhere about the misuse of 498a every where.  It was not as bad as ten years ago.  So hide yourself before getting AB.

2. In case you are caught, you are not in jail as a part of conviction rather its a custody and will not effect your job by law

3. Its better to take your boss in confidence and work real hard to prove your performance specially at this time. (  My brother is a teacher in a gov college, Delhi. By luck his class got a very good result this year. He took advantge of this and spoke to his principal regarding 498a and arrest fear. He was already so impressed with the result and had sypathy with my brother. Now his own principal is helping and guiding in many regards for this case.

4. Termination can not happen so easily  in GOV job. This I learnt from my father who has been in GOV for 30-40 years. 

5. If suspenstion happens then it hardly takes 3-4 days to ressume your job,,
 

Be fearless but work hard to  fight the case and let pass the JULY where you will get your confirmation.

Thanks guys for the reply, really appreciate it 

1.NO.

2. Yes. Though it is better to finish your problems by of compromise. 09448035651

Yes compromise is always a best solution as the case in Inidan court never end...

In 498a,DV cases Govt employees are more secure then private job holder.

Getting leaves is not so easy from private companies.

If you start for compromise your wife family will ask for huge money better keep cool and calm.

Thanks guys 

I repeat more than 48 hrs custody will take ur job away!

Once u get AB, then sit calmly nothing can be done by these 498a gang.

Join siff forum for proper guidelines of ur case becoz posting few lines are not sufficient.

The bastion of our Criminal Jurisprudence is that "Accused is presumed innocent until proved otherwise by cogent evidence in accordance with law" Pending criminal case can not affect his service nor his promotion.

You have the following questions but unfortunately I may have to disagree with all the experts above to reply them based on the best of my experience in disciplinary matters

1. If I get a anticipatory bail, then would filing of 498a will lead termination of my job

Ans : You are a probationer that does not mean that you can be terminated if you get an accused in a criminal case.  But during criminal case you will not be able to clear probation and if the case continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced.

If the custody is there for more than 48 hours the suspension is deemed and that is also a hurdle to clear probation if continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced.

Someone  advised you that “More than 48hrs of custody is there then u may be dismissed.” I strongly disagree with this view probably the expert has not seen rule 10 of CCS(CC&A) Rules.  48 hours custody is deemed suspension which the deptt can revoke any time even on the same day if they so decide and even continue for the entire period of trial by review after every 90 days.

2. If I am terminated if 498a case is filed or i am arrested, and in due course i prove that the case was false, can I be reinstated

Ans : One does not get entitled to reinstement simply because he is acquitted by criminal court. If you are acquitted on merits ( not on suspicion or procedure) you have a case to stake reinstatement.

Someone advised you that “dont come in hand of police. Go hiding till u get AB. Keep track of the case.” It is better if you could get AB before being arrested but for evading arrest you will have to be absent without leave and the department can initiate disciplinary proceedings. If you apply for leave your boss can give you no leave without informing leave address and the police is empowered to get the said address from deptt. Deptt proceedings on charge of unauthorised absence is  a hurdle to clear probation if continues longer that the Probation (including extended probation) then you are discharged from service even if you are not sentenced. In case of unauthroised absence from duty you in case you do not attend inquiry you are liable to be dismissed by ex-parte inquiry and such dismissal is not challengeable if you are reinstated of the criminal case.

Someone advised you that “In case you are caught, you are not in jail as a part of conviction rather it’s a custody and will not effect your job by law” I am afraid  that the rule relating to vigilance clearance and also CCS (Temporary Service) Rules  are perhaps not known to the expert.  I have explained above. Such custody is (though not immediate) but is detrimental to the job by following due process of law.

Someone advised you that “ Its better to take your boss in confidence and work real hard to prove your performance specially at this time.” Not a bad idea but you have to remember that if you have custody beyond 48 hours then you boss is not in any position to help you at all to avoid deemed suspension and if during probation some criminal case is pending your profession excellence and positive reporting by the bosses may not be of any legal help.  But their cooperation will certainly give you moral boost.

Someone advised you that “Termination can not happen so easily  in GOV job” but it does after following the procedure I say so as I had been in Govt for 30 years and spent larger part of my career dealing such cases.

Some one advised you that “If suspenstion happens then it hardly takes 3-4 days to ressume your job” I do strongly disagree. This does not always happen rather this rarely happens.  I explained above that the deptt has powers to revoke the deemed suspension same day or to keep it continue after every 90 day review. That does not mean that the deptt will certainly and always using such powers.  But on completion of 48 hours of custody you are deemed to be off duty till you get a revocation order.

Someone advised you “Join siff forum for proper guidelines of ur case becoz posting few lines are not sufficient.“ I fully agree with this.  Institutionalized support is needed by you.

I also agree with those experts who have advised compromise because of the probation the things are complicated for you more than any other Govt servant.

So far non has advised so I advise that every Govt servant has a duty to report his arrest and bail to the department (even if police may or may not do so) failure to do so results in another depttl misconduct and disciplinary proceedings can be initiated so be careful of advise if someone advised to hide arrest from deptt.

Sudhirji

thanks for the information you have provided. It has been very informative and clear lot of my doubts. Once again thank your sir

I forgot to explain one more suggestion  above that "Accused is presumed innocent until proved otherwise by cogent evidence in accordance with law"It is unfortunate that if a Govt servant is accused in criminal case or departmental case he is to be presumed guilty till exonerated as far as his rise in career is concerned. Even if he retires in such state his dues are withheld.

I know that the situation may appear harsh or unreasonable to persons not aware of service laws but that is truth life.

The clause of deemed suspension is misused for grabbing land of Govt servant, not paying him rent for his property, for attacking his professional uprightness, extracting larger bribe from him if he is slightly wrong, suppressing him in matrimonial strife of self, son/daughter, brother/sister. He is prime target of intra-family disputes.