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Staff detained in police custody

Discussion Forum of WBXPRESS › Forums › Legal Help › Staff detained in police custody

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  • June 21, 2012 at 7:02 am #67597
    unknown
    Participant

    Plz. let me know in details:
    1. The steps should be taken in the event of a member of non-teaching staff being detained in police custody for a period exceeding 48 hrs?
    2. When the M.C should issue an order for suspension to the incumbent?
    3. Whether such suspension order can be issued without any relevant documents though the event (detained in police custody) is true? 4. How the process can be proceed?

    June 22, 2012 at 2:33 am #72902
    unknown
    Participant

    There is mandatory deemed suspension of a government employee when he is arrested and passes 48 hours or more in police custody. Normally in such cases in addition to the criminal case in which the employee is arrested, a departmental proceeding is also started. But if the facts and circumstances of the case and the disciplinary proceeding are same, then the D.A awaits the out come of the result of the criminal case because the suspended employee gets prejudiced in defending the criminal case if he discloses his all cards of defence to the enquiring authority during the departmental proceeding. As the suspension order is mandatory in the case of arrest, the answer to your 2 others queries is covered. In cases of arrest the D.A has no choice but to act in accordance with the law.

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