Suspension for 210 days in criminal case, not getting subsistence allowance

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Suspension for 210 days in criminal case, not getting subsistence allowance

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    • #2863
      Anonymous
      Guest

      Sir
      I m wireman in mseb Maharashtra.

      In a freak accident on the Mumbai-Goa Highway on Thursday, a 26-year-old biker was decapitated when he rode into an electrical cable that had snapped and got entangled with a truck passing in the opposite direction.

      “Sangameshwar resident Mayur Devrukhkar, who works in an automobile showroom in Chiplun, was riding from Ratnagiri to his workplace. At Pimplewadi, a guard wire of the 22KV high-tension overhead electrical cable snapped and got entangled with the truck plying from Chiplun to Sawarde. Devrukhkar’s head got cut from the body as he rode through the wire,”

      I am considered responsible for the death of this boy. I was not the one who is responsible for it. This area is not alloted to me still I m dragged in this case. The officer of our department don’t cooperate me.

      I m suspended for 210 days but still I am not reinstated. Charge sheet is given by police. I was arrested under 304. I am not even paid 50% monthly what shall I do?

    • #2868

      You may have to examine the relevant rules applicable in your organisation relating to suspension and see after how much time suspension is required to be reviewed periodically and whether there is a maximum time limit for suspension.

      Since you appear to have been suspended in respect of an offence, the concerned authority may keep you under suspension till the completion of the trial in that offence, or till you get discharged from the offence, depending on what your rules say.

      Though you have mentioned that the offence is under Section 304 (IPC), there is a possibility that it may in fact be under Section 304-A IPC, which is a lighter offence comparatively.

      Since you feel that you have been wrongly involved in the said offence, you can consult some local lawyer and file an application for discharge if the evidence against you is not sufficient.

      If needed, you may also challenge your suspension in the appropriate court / tribunal, in consultation with your lawyer.

      Usually, subsistence allowance at the rate of 50% is paid during suspension, which may be increased or decreased later depending on rules and depending on conduct of the suspended employee. If no subsistence allowance is being paid to you, you should first represent before the authority concerned, and thereafter, if needed, you should challenge it in the appropriate court / tribunal.

           


      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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