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Aftab4u (PVT EMPLOYEE)     18 November 2011

What is the future if got arrested?

Dear Experts,

my friend working in a govt organisation and his wife filed a 498 and he got arrested and he had put behind bars for more than 48 hours now the query is that will he removed from the job or he will be suspended plsss advice.

 

AFTAB



Learning

 6 Replies


(Guest)

do not worry at all... get bail and keep doing job... let 498a do its rounds... life is like it... like this..


(Guest)

No.He cannot be removed from his job unless convicted.

Sandeep Naik (Advocate)     22 November 2011

There are many false cases filed and the complainant is scot free . There is hardly any case where the complainant is convicted for filing false case. 

Now as far as your ur friend's case is concerned, though there will be stigma , he will not be removed from the job unless proved and convicted . I do have sympathy for ur friend if he is really innocent.

 

Mr. Sandeep Naik ( Advocate - Mumbai High Court )

Mob :  99670 56980

Emial : sandystorm_1995@rediffmail.com

Aftab4u (PVT EMPLOYEE)     22 November 2011

Thanks a ton experts for ur valuable advice........cheers for LCI team

POOVENTHERA RAJAN (Taxation Advocate)     01 December 2011

If a government servant was in police custody for more than 48 hours then he will be deemed to be suspended as per service law. However if the government servant acquitted later, then there is no bar in revocation of suspension except in Uniform services. 

Sudhir Kumar, Advocate (Advocate)     11 December 2011

I will add to what Mr Pooventhera Rajan Stated.  You friend is deemed suspended. After bail he cannot just go and sit on his desk and discharge official duty. The suspension is to be formally revoked by the competent authority and for revokation of suspension there is no need for deptt to wait for acquittal. If convicted he can be removed without chargehseet witout waiting for the outcome of the appeal.  However, since this is a case of crime against woman deptt can thnk of intiating deparmental proceedings and they are not bound to wait for the outcome of the criminal case.


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