I was arrested in a 498A case on September 11th, 2012, and released on bail on November 16th, 2012. I was in police custody, not jail. I returned to work the next day with all my documents, but was immediately suspended. After a month, I was allowed to rejoin. I’ve been working since then, but now I’ve heard that the company is planning to set up an inquiry committee to potentially suspend me again. What are the rules regarding this situation?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › I was arrested in a 498A case on September 11th, 2012, and released on bail on November 16th, 2012. I was in police custody, not jail. I returned to work the next day with all my documents, but was immediately suspended. After a month, I was allowed to rejoin. I’ve been working since then, but now I’ve heard that the company is planning to set up an inquiry committee to potentially suspend me again. What are the rules regarding this situation?
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Apni Law Staff asked 2 years ago

I was arrested in a 498A case on September 11th, 2012, and released on bail on November 16th, 2012. I was in police custody, not jail. I returned to work the next day with all my documents, but was immediately suspended. After a month, I was allowed to rejoin. I’ve been working since then, but now I’ve heard that the company is planning to set up an inquiry committee to potentially suspend me again. What are the rules regarding this situation?

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Apni Law Staff answered 2 years ago

As per Indian laws, your employer can only suspend you if there is a genuine reason to believe that you were involved in the crime. A previous arrest in a 498A case, followed by bail, doesn’t automatically justify suspension. The inquiry committee should adhere to principles of natural justice, ensuring transparency and providing you an opportunity to defend yourself before any decision is made.

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