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  • Category: Indian Law

    Reinstatement of job due to false case

    Have a query about reinstatement of job after a court case? Searching for information about how to demand compensation? Check out this page for responses and get answers to your question.

    My husband was falsely accused u/s 376/37 (6) 376 (d)/509 IPC. However the complainant turns hostile and case is in final stage of hearing. He was in government job (contract) as a Medical officer. Can he demand compensation and his job from his department?
  • Answers

    4 Answers found.
  • The court will decide and give directions to the government about the condition. There are some cases where people got promotions also on reinstatement. This will be basing on the gravity of the mistake by the government officers in terminating the employee. They may give reinstatement without old dues or reinstatement with old dues or reinstatement with old dues and time scale promotions. You please discuss with your lawyer who is representing your case in the court and how he impresses the judge with old ease examples and the preset trends.

    always confident

  • Yes your husband can demands compensation and his job from his department. The court will decide and give instructions to the employer to reinstatement of job after the court judgement.There are many factors which would weigh in granting back wages like the length of service done by the employee,nature of his appointment the the employee is whether on adhoc, short term, daily wages, temporary or permanent.The back wages may be awarded either fully or in partial which is awarded according to the facts and circumstances of the case.

  • The question has not furnished various details. Without these details the question cannot be properly answered. However, I am mentioning some general facts:-

    (a) The person was in contractual employment under the Government. So, the CCS (CCA) Rules, 1965 and CCS (Conduct) Rules, 1964 (under which the regular Government employees' conduct is governed) won't be applicable to him. So, the normal disciplinary proceeding will not be followed in this case.
    (b) For contractual employees, contract can be terminated giving one month notice. There is no question of payment of compensation. However, it has not been mentioned in the question whether the contract has been terminated by the Government, or not.
    (c) So far as criminal proceeding is concerned, it has been stated to be sub-judice. So, it would not be prudent to comment upon the outcome of the case.

    Beware! I question everything and everybody.

  • Let the judgement come in this case. As the judgement is yet to come, we can only talk in general terms and not on this particular case.

    When an accused employee is exonerated by a court, with that order he has to approach the employer asking reinstatement (If the employer was a party in the case, it automatically binds them). By exoneration order he can claim reversal of the penal actions taken. The order of the court has to be seen for what is their order. Sometimes the court would have given certain directions also. The employer has to abide by the directions of that order. The advocate would have got an idea of how things take shape from the arguments during trial.

    It is not sure what the complainant will do if the judgement goes against him. He may be approaching a higher court, if that is possible and his lawyer advises that.

    The matter of compensation comes only after exoneration and reinstatement. Sometimes if there was specific direction,the employer-may comply the judgement terms and pay the compensation accordingly. If there was no special direction, but it is normal practice and rule to reinstate with retrospective effect and compensation, the employer may do so. Otherwise the person may have to file fresh case to get redressal as per contract terms consulting a competent lawyer.

    The question is not in full detail, the case is under court consideration. Hence we can give only the above generalisations at present.

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