Procedure in criminal case

AFAIK :

a) He has to file an appeal within the limitation period provided. He can't be removed from his job till the case is over - he may be suspended pending such.

b) Yes, if appeal has been filed .

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Please give a response to above query.

When a judge announce a sentence after that accused is taken in custody or released on bail at once?

Originally posted by : Hardeep
	AFAIK : a) He has to file an appeal within the limitation period provided. He can't be removed from his job till the case is over - he may be suspended pending such. b) Yes, if appeal has been filed .   DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

I fully and entirely disagree.

There is no such provision.

Once convicted the  no chargessheet/Inquiry is needed.  One SCN will be issued udner rule 19 of CCS(CC&A) Rules [or similar rule of state govt] and penalty order be passed.

In case sentence is suspended the deptt may postpone this action [not obligatory]

Originally posted by : Rajinder Kumar
	meantime i.e. upto filing appeal he is to go jail or not?

on conviction he is taken in custody within seconds and goes to jail.

Can a govt employee against whom FIR has been lodged and is under investigation ,be suspended by his department as departmental action or departmental action starts after conviction.

"Can a govt employee against whom FIR has been lodged and is under investigation ,be suspended by his department"

if a person remains in custody for 48+ hours he is deemed suspended.  But nothing stops the deptt to order suspension prior to that duration if the nature of allegations so demand.

"departmental action starts after conviction."

I strongly and clearly and unconditionally disagree with with this sentence.

If the nature of allegations in FIR so demands (i.e.also happens to be violation of service conduct rules) the department can complete departmental action on the same allegations without waiting for outcome of the court verdict.

departmental actin can also be taken even if the accused is acquitted by the court depending upon circumstances of the case.

If an employee is convicted then nop departmental action is needed.  A penalty can be awarded even without any chargesheed or inquiry.