Deemed Suspension in criminal case, any chance of reinstatement?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 1 week ago.

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  • #2839

    Sir , I am Working in J&K forest Department,Couple Of Months back police arrested and lodged me under section 7/27 Arms Act,307,16,18,20 &38 ULA and was later lodged To central jail srinagar..my Department suspended Me as i was Deemed to Suspend after 48 hours..I got bail 2months Ago and Till dage No Challan/Charge Sheet Agianst Me produced to Court By Police Department .I have Completed 3 months of suspension …Any Chance Or reinstate???

  • #2846

    Considering the fact that the charges against you include attempt to murder (which may be punishable with up to life imprisonment) and under Arms Act, usually the deemed suspension may continue till completion of trial. Where the suspension is on account of a serious criminal case, the suspension (or deemed suspension) is not likely to be revoked till you get acquitted in the case or get a discharge from the court. If the case against you is not charge sheeted by police, then also there would be good chance of revocation of suspension (though a departmental inquiry may still be initiated in such situation). However, this is the general experience and ultimately it is the discretion of the competent authority. If the competent authority deems fit, in the facts and circumstances of the individual case, it may revoke the suspension earlier. It may also depend on what is the nature of evidence against you. But, the chances of an earlier revocation of suspension are comparatively less in a case of this nature. You may challenge the suspension in court if you have a good case in your favour.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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