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    • #1892

      If acb traps a public servant and produced to court he is suspended from service tempararily if the suspension period is above six months how to get back to his service? If acb court after prosecution tell that accused government employee is convicted in bribery case and if court gives 3 years of prison punishment is it possible to get bail after conviction and if court also terminates the accused government employee from his service.is it possible to regain his service back and please tell how to get bail and get his service back if acb court convicted accused employee

    • #1901

      If the suspension period exceeds 6 months, then you may either file a representation before the Government for revocation of the suspension or go to the court or tribunal concerned for revocation of suspension. However, in a corruption case, the suspension may not get revoked easily and may be continued for longer durations. But, it all depends on the facts and circumstances of the case.

      Bail after conviction is provided under Section 389 of Cr.P.C., by way of suspension of sentence. Legally there is no bar on bail after conviction even if the punishment is more than 3 years, but it all depends on facts of the case and discretion of the appellate court.

      If there is a conviction in a corruption case, and if there is dismissal from service following such conviction, then the chances of getting back the service are very less till the conviction continues to be in existence. But, you can appeal against the conviction and if the appellate court sets aside the conviction, then you may perhaps get the service back though it is not necessary that it may always happen even in such a 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. List of his YouTube Videos.

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