Response

You have been convicted in charge of Section 498A of Indian Penal Code, 1860 i.e., cruelty by husband. Your employer has the right to terminate you. the case of State of West Bengal & Ors. v. Nazrul Islam, the Supreme Court of India ruled that any person facing or convicted of a criminal offence cannot be considered suitable for a government appointment.

To be considered eligible, a person should either have no charges pending against them, or have been acquitted of these charges by the court. However, the acquittal must not be out of a compromise between the accused and the victim, or due to the witnesses in the case turning hostile. Moreover, as per government regulations, any person who has spent more than 48 hours in police custody is barred from government employment.

In case of a trial, you will not be removed from government service but if you are convicted, your job would be terminated. However, this case of cruelty will not be maintainable against you because as per Section 468 of the Code of Criminal Procedure, 1973, the limitation on filing a case under Section 498A of Indian Penal Code, 1860 is 3 years from the last alleged incident.

Reference: Section 468 of the Code of Criminal Procedure, 1973 and State of West Bengal & Ors. v. Nazrul Islam

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LAWAYZ-2023-651