LawRato

Not allowing me me join my service after getting a bail from HighCourt


25-Jan-2023 (In Labour & Service Law)
I used to work in Railway S&T Division in Damodar under Adra division for many years. In 2013 due to land dispute, I had a little fight with a person and then later convicted in sessional judge court with attempted murder and conspiracy to kill and sentenced to 7 year imprisonment in November 2019. Then my family filled for bail in calcutta high court and got bail after 7 month ( delayed due to corona). In the meantime my senior (senior DSTE) removed me from service and sent mail to my house but it was returned due to house lock and then they posted the notice in notice board. I appeal to ADRM that as I was in prison I couldn't answer the mail so it wasn't the proper way to remove me from service as I wasn't given a chance to speak against the said notice. But they accepted my appeal but gave no answer. Is there a law which says I can join my job after bail until i also gets convicted in high court?
Answers (3)

Answer #1
860 votes
Since your appeal is admitted by Hon'ble High Court you have chances of acquittal. However you definitely have right to be heard before any imposition of punishment and also you have the right of appeal and these are settled positions of law; if these rights are denied you can definitely approach the Court challenging procedural irregularity. Many of my clients got relief this way from our High Court. All the best and regards
Helpful? LawRato21+ LawRato
Advocate Ujjal Kumar Ray

Adv. Ujjal Kumar Ray

LawRato Kolkata | 400+ Answers
Chat with Advocate Ujjal Kumar Ray Chat 
Answer #2
881 votes
Department cannot abstain you from joining unless a department el enquiry & proceeding are done & until you are proven guilty they cannot make you accused & discharge your duty in the department
Helpful? LawRato14+ LawRato
Advocate Anita Kaunda

Adv. Anita Kaunda

LawRatoKolkata | 50+ Answers
Chat with Advocate Anita Kaunda Chat 
Answer #3
802 votes
As per you assertion, you are in Bail; this means you are still not convicted. In this regard your remedy lies both in the civil court as well as High court, as you had been fired without imparting an opportunity of heard. It is better to go through the documents before further commenting to your post!
Helpful? LawRato11+ LawRato
Advocate Pradipta Nath

Adv. Pradipta Nath

LawRatoDurgapur | 200+ Answers
Chat with Advocate Pradipta Nath Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Labour & Service lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato