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. List of his YouTube Videos.
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