Will a government employee be suspended if jailed for 48 hours?

Response

Which department of central government you are employed? A government employee is liable to be placed under suspension if he remains in custody for more than 48 hours. Since you got bail after 24 hours you will not be suspended. However, immediately inform your officer in charge as you can be acted against for concealing the information of your arrest and detention.

Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.

The suspended persons suffers even before being charged and “his torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination”. “Much too often this has now become an accompaniment to retirement,” the court said, setting aside a direction of the central vigilance commission that required departmental proceedings to be kept in abeyance pending a criminal investigation.

You will not be suspended. If you are convicted in the trial court, then only you will be suspended. It differs from department to department. Enquire in your office the exact legal position.

Reference: Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.

202100222-20210041-14112

LAWAYZ-2023-767

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