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MileyShah   13 July 2017

Stay on conviction

LIC employee, who has been convicted for fraud and who's High court case is pending and sentence has been suspended, seeks to know how to get stay on conviction to protect himself from getting terminated.


Learning

 5 Replies

Ms.Usha Kapoor (CEO)     14 July 2017

File a stay petition on the grounds of conviction being biased, perverse and without proper appreciatiob of evidence get stay orders in Highcourt on conviction.

P. Venu (Advocate)     14 July 2017

The employee needs to make an application to the High Court, generally termed as IA or MA or Notice of Motion, to get the stay on conviction. However, unlike the stay on sentence,it is not easy task.

MileyShah   14 July 2017

Is there a limit of time in which IA/MA should be filled, from the date of judgement ?  And on what grounds conviction stay is generally granted ?

Ms.Usha Kapoor (CEO)     14 July 2017

File a stay petition on the grounds of conviction being biased, perverse and without proper appreciation of evidence get stay orders in Highcourt on conviction.

T. Kalaiselvan, Advocate (Advocate)     18 July 2017

The LIC cannot terminate his services without conducting a proper inquiry, the conviction by a court is not sufficient, the sentence has to be executed  for the LIC to dismiss the employee from service under the staff regulations of LIC 

If the sentence is suspended by high court, then the LIC has to wait for the stay to be vacated and the sentence to be confirmed.

 


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