Moirangthem Biren 21 October 2021
Kevin Moses Paul 21 October 2021
Pradipta Nath (Advocate) 22 October 2021
If the accused persons have been booked under IPC, you hardly have in jurisdiction over the decision of thier employer in their reinstatement. You can hardly file your representation before their personnel department, but in this case there is no legal complusion. It is will be better that you concentrate of your prosecution evidences and get order in your favor.
Further, you can even sue for compensation before the civil court from the accused person to put an extra pressure.
Dr J C Vashista (Advocate) 22 October 2021
Suspension from service is a departmental action whereas crime committed is a different to departmental action.
Instead of confusing be clear what is your concern vis-a-vis query if you are dissatisfied with the advise of your lawyer who is well aware about facts and circumstance of the case(s).
Moirangthem Biren 22 October 2021
G.L.N. Prasad (Retired employee.) 22 October 2021
Your duty is to complain about the crime, the rest depends on the inquiry of investigating reports and other evidence. Except making a statement to the police, you have no role to play when the court delivered a verdict. You are represented through Police and a Public Prosecutor. You can only request them to help you.
Dr J C Vashista (Advocate) 22 October 2021
Law of land shall previal upon your desire.
Moirangthem Biren 22 October 2021
G.L.N. Prasad (Retired employee.) 22 October 2021
There is no such prescribed period, there are cases investigated within a week, and depends on evidence.
P. Venu (Advocate) 28 October 2021
Your query is based on misconceptions.
Firstly, non-bailable offence only means that the Court only grant the bail, not the Police. During investigation and trial, bail is the rule and jail, the exception.
Secondly, under the service rules, suspension is not a punishment. The statutory rules mandate in placing a Government servant under suspension once he has been police custody for more than 48 hours. However, once he he has been released on bail, suspension would be revoked in due course. Placing a Government servant under suspension is heavy burden on the public exchequer. The official placed under suspension is entitled for subsistence allowance @50% of pay and allowances for the first three months and 75%, thereafter.
Further disciplinary action needs to be taken if the official is convicted. He could be summarily removed/dismissed from service if the offence for which he has been convicted involves moral turptitude.