Suspension in a fake criminal case

[Anonymous]

Sir, an employee working under J&K Govt. Dept., working in Delhi has been suspended for a fake criminal offence from September, 2016. the trial court is at the stage of closure of P.E. and judgement will be in his favour keeping in mind the evidences. He has not been given any document regarding the said suspension. The charge sheet which this judgement talks: is about the charge-sheet filed in departmental proccedings or the police report filed under 173 CrPC? What recourse does this employee has?

[Dr. Ashok Dhamija]

The charge sheet referred to in the Supreme Court judgment mentioned in Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court speaks about the charge sheet in the departmental proceedings and not in a criminal case under Section 173 of the Criminal Procedure Code.

In any case, now that you are saying that the trial court is at the stage of closure of the prosecution evidence and that the trial is likely to end in acquittal, the concerned employee should get reinstated after his acquittal in the criminal case, because as you said, the suspension was due to the criminal case (may perhaps be a case of “deemed suspension”, though you have not specified). In case the suspension is not revoked even after acquittal, it may be challenged in the appropriate court or the tribunal having jurisdiction in such service matters for the J&K Government servants.

     

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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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