suspension of an employee of O.U.Hyd. fr 26-02-2016 to till date i.e.30-10-2017

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 2 weeks ago.

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  • #3270

    Sir I was falsely implicated in a case U/s 420 IPC,3,8, & 10 OF A.P.Prevention of malpractice,unfair means act 1997. i was in judicial custody from 26-02-2016 (friday) eve to 29-02-2016 (monday)eve.i was released on bail.i attended to my work from 01-03-2016.
    I received my suspension orders dated:11-07-2016 on 14-07-2016.In the suspension orders it was mentioned that as per rules when an employee is detained in police custody for more than 48 hrs he is deemed to have been placed under suspension from the date of his detention.

    The case is under trail.
    I have given representations to the Registrar 1)dt.19-09-2016,2)25-01-2017 & 3)14-06-2017 requesting to re-instate and conduct a departmental enquiry so that the facts of the case will come to light. The university has not issued any show cause notice in spite my several request.
    my superannuation is aug 2019 and iam undergoing traumatic days. please advice me the remedy.
    Thanking you

  • #3292

    In the case of suspension for a criminal offence which is pending trial, usually the suspension may be continued till the trial is completed. This is the general experience, though there are exceptions. You should try to get the trial completed as early as possible, though sometimes that may also be not in your hands. But, at least, don’t delay the trial from your side.

    Secondly, check your service rules. Whether suspension is required under rules to be periodically reviewed after every 90 days or 180 days, etc.? If yes, whether the suspension has been reviewed in accordance with such rules? If the rules are not followed with regard to periodic review of the suspension, you may challenge the same in appropriate court or tribunal.

    Where a criminal case is pending against an employee, the University may not always initiate the departmental proceedings immediately. The authorities may first wait for the result of the criminal trial and thereafter consider the departmental action.

    Depending on facts of your case and the hardships that you are facing, in consultation with your local lawyer who has seen your case papers in details, you can challenge the suspension in the appropriate court or tribunal having jurisdiction in your 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. List of his Quora Answers.

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