Revoking suspension order after bail in criminal offence ; UP Govt employee

[Alok Saraswat]

UP govt servant Arrested on 20 jan 18 in criminal offence sec 302,307 IPC etc.charge sheet filed by police. Granted bail & released from jail on 28 April 18. Placed under suspension.
Can the suspension be revoked , without loosing employment ?
How ? What is the procedure.

Regards
Alok

[Dr. Ashok Dhamija]

An offence under Section 302, 307 IPC is a serious offence. You have said that charge sheet has also been filed against the government servant.

It is discretion of the Government or the authority concerned to revoke suspension. It may also depend on the role of the government servant in such criminal case. That bail has been granted may go in your favour. But, generally speaking, looking at the serious charge, it may not be easy to get the suspension revoked in such case.

For revocation of suspension, you may initially make an application to the competent authority or Government, as the case may be. If there is no success, then you may approach the court / tribunal for revocation of suspension, if you so wish.

     

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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. List of his Quora Answers. List of his YouTube Videos.

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