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Can an employee be suspended in case got into prison for 24 hours?
24-Sep-2023 (In Labour & Service Law)
Sir, I am a teacher in a primary government school. my husband has filed FIR against me under section 420,120b,406,403.i was arrested and put in jail but got bail within 24 hours.still i have received order of suspension. please let me know the sections under which it is mentioned that an employee should be suspended if jailed for more than 24 hours. what should i do ??? Please advice.
What exactly does the suspension order say, as in what is the reason mentioned for your suspension? Please forward your employment agreement wherein the terms of employment and service are specifically mentioned.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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There arises no point of your suspension on the basis of your arrest as you are under a government job. The crime under which you have been charged should not correlate with your profession. Even if you have murdered someone you cannot be abandoned by the government. Come clean and you will have it better.
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They could have suspended you in connection with a disciplinarian proceeding contemplated against you, only incase you were arrested for a period of 48 hours and beyond because in such a scenario, your arrest for 48hours and beyond would have deemed to be a misconduct.
Challenge your suspension order in the High Court.
Challenge your suspension order in the High Court.
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There are many judgments and orders passed by Hon'ble Apex Court which clearly says that merely on the basis of allegation an employee cannot be terminated unless his guilt has not been proved. Meaning thereby you cannot be suspended from your job unless your guilt has not been proved.
Thanking you.
Thanking you.
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Adv. Shishir Dwivedi
Allahabad | 100+ Answers
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