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Can suspension be revoked if chargesheet not filed within 90 days
10-Sep-2023 (In Labour & Service Law)
I was working in state bank. I suspended on 31/05/2016 till date I have not get chargesheet from bank. As per supremcourt decision 'suspension is not valid if employer fail to issue charge sheet with in 90 days'. Can I get revokation ? What I do for revokation ?
Chargesheet for what? Supreme Court judgment in relation to Chargesheet pertains to such Chargesheet which is supposed to be filed by the investigating officer (IO) police in criminal matters and not which is related to job suspension. I even doubt that there is a concept of issuing Chargesheet in relation to job suspension. You better explain your case on the basis of papers which you have with yourself. Otherwise it will be difficult for you to find any suitable answer and would be difficult for us to provide you any sort of assistance or guidance.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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What is the maximum time limit for filing chargesheets?
According to the proposed law, the chargesheets must be filed in 90 days. Any extension, up to 90 additional days, may only be granted by the court. The judge has 30 days after the conclusion of the arguments to render his decision. 12-Aug-2023
Can police delay filing chargesheet?
The Code of Criminal Procedure of 1973 does not prescribe a time limit for the completion of the investigation of a crime and the filing of judicial charges, except in cases of rape. The section 173(1) of the Cr. PC states that all investigations must be completed as quickly as possible. 24-Mar-2022
Can chargesheet be filed after 2 years?
If the chargesheet is not filed within the prescribed 60-90 day period, then the arrest was illegal and the accused would be entitled to bail. 23-Jan-2023
What happens to the case if chargesheet is not filed?
In accordance with section 167, the Criminal Procedure Code, an accused is entitled to default bail in the event that the investigating agency does not file a charge within 60 days of the date of remand. The stipulated period may be extended to 90 days for certain categories of crimes. 26-Apr-2023
In a landmark judgment the Supreme Court has held that an employee under suspension must be served with charge sheet within three months from the date of his/her suspension otherwise his suspension is liable for revocation. You are advised to file representation to this effect with the competent authority. You may take the help of a good lawyer.
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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If charge sheet is not filed then you can approach bank to quash suspension. You may also file a complaint with labor commissioner giving details and seek a remedy. If that fails approach the court for remedy.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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