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sigma zebma (private)     17 April 2016

False promise of marriage n beating

hi im a govt service holder mbbs doctor..can i get entrance to colleges through entrance exams for post graduation if im on bail and under trial for false case against me of ipc 376 417 323?i was arrested with arrest period extending 48 hours...should i be allowed to sit for exams and if i qualify will i be able to take admission?please help..and also im put to suspension with no assurance of wen i will be able to join..

qn 1>what will happen to my service?

qn 2>will i be allowed to sit for competitive exams for higher educations and if i qualify will i be able to take admission?



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     17 April 2016

please be clear:- whether you are govt servant whether during service you were in custody for 48+ hours whether your deptt knows the same whether you reported bail to the deptt./

sigma zebma (private)     17 April 2016

yes im a govt medical officer..arrrested on duty..and my department knows cuz i had to produce bail copy and also the police sent a letter to my dept asking to withold my salary

Sudhir Kumar, Advocate (Advocate)     18 April 2016

If you are a govt servant and had been in custody for 48+ hours then you are deemed suspended (even if deptt did not order so). That means in this situation you cannot be on duty and draw full salary. Your being on duty is unauthorised and if you are drawing full salary it is fraudulent. Your higher authorities will be responsible for disciplinary action. It is incumbent upon your deptt to issue revocation order for deemed suspension if they want to take you on duty and give you full wages. Police has no jurisdiction to ask deptt to stop wages but they can remind that deptt that you are suspended employee and drawing full wages. As long as the case is not decided in your favour you cannot be promoted or apply for any deputation. You can sit in the examination for recruitment/promotion to higher post but cannot be appoint ted and your resignation cannot be accepted during the period. Deptt can if they so decide initiate disciplinary action against you without waiting for court order and pass any penalty including dismissal from service.

sigma zebma (private)     18 April 2016

thank u sir for clearing most queries..the case is extradepartmental and false..more of a relationship gone sour..vengeful individual..has come up with a fully fake fir of rape violence n cheating etc etc..what do u think my next step to be?how long can i stay suspended and can i work elsewhere if i stay suspended?my lawyers told me that this case is gonaa take 10-12 yrs if more not less..what can be the plight of an innocent person suddenly accused of henious stuff which he never comitted?can i appeal in high court for revocation of suspension?

Sudhir Kumar, Advocate (Advocate)     18 April 2016

you can appeal against suspension.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2016

Whether the complaint given is true or false, the complainant has to prove the crime committed with valid evidences and the accused has to defend purely on merits.The longivity and time frame of a criminal case cannot be predicted.Other things, I go as per the suggestions of Sudheerji.

Sudhir Kumar, Advocate (Advocate)     29 July 2016

referyour ther query

 

https://www.lawyersclubindia.com/forum/Work-abroad-with-pending-criminal-cases-135959.asp

 

has suspension been revoked?


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