Joining the University on Bail

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

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  • #3148

    Dear Sir

    I am Prof. Vipin Saxena was working in the Ambedkar University since October 1997. Recently a outsourcing assistant of the University who was not a central government employee of the university was red handed by the CBI for asking bribe from Assistant Professor (On Contract) and given my name to the CBI, due to this CBI has arrested me on 3rd June 2017, there is no FIR against me, no case registered against me, no complaint by the complainer against me, but CBI has arrested, and now I am on bail, and given joining in the University on 9th October, Is it possible whether Competent Authority of the University i.e. Vice Chancellor shall accept the joining under the CVC guidelines as stated below:

    A Government servant will be reinstated in service
    (i) If he had deep placed under suspension pending criminal or departmental proceedings against him and is acquitted by the court of law or if the departmental proceedings instituted against him are withdrawn for any reason or if he is exonerated or is awarded a penalty other than that of compulsory retirement, removal or dismissal from service.

    Please advice me only through e-mail.

    with regards,

  • #3150

    Firstly, please understand that all questions asked and the replies given on this website (Tilak Marg) are open to public, and questions are replied on the Forum / website and not by email.

    Your question is very vague. Usually the provision of “deemed suspension” comes into effect if the custody is more than 48 hours. It is not clear for how many days you were in custody. Further, you have also not clarified as to whether you were formally placed under suspension after the arrest or whether the provision of deemed suspension became applicable to you.

    It is also not clear from your question as to what do you mean by “given joining in the University on 9th October”. Does this mean that you have joined on 9th October, 2017, and/or does it mean that your suspension (if any) has been revoked? If yes, then you should not worry about the question of reinstatement since in such a situation you have already been taken back in service.

    Please also note that even if your name was not in FIR or there was no complaint against you, your name could have been added subsequently during investigation as an accused person by CBI. The CBI will not arrest a person without naming him an accused in the case.

    It may be advisable that you consult some local lawyer at your place with full facts of the case, since you have not only a departmental matter but also a CBI case.

         


    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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