can thepromotion and the retirement benefits stoped for an govt employee who is co accused in divoroce case?

Question

hi if a person is a co accused in a divorce case of his son in which his son is a primary accuse,the retiremen benefits and promotions stoped by the government under service agreement under deciplenary action

Answer 1

Here what all is stated that the said person is co-accused in a divorce case. The very fact that divorce case as such is a civil matter between the spouses & got to do nothing as far the parent in laws are concerned. The very fact if it relates to matrimonial dispute with regard to criminal complaint against the husband & his parents either under the Protection of women from domestic violence Act or Dowry prohibition Act or section 498A Indian penal Act then the parents of the husband can be made co-accused in such complaints. Now presuming any such criminal complaint is filed & is still in process of trial, the father of the husband being one of the co-accused in such a matter, then if such a person is still in government service i.e. not retired is supposed to inform about such criminal complaint pending against him to the government department where he is employed. His services can be suspended for the time period, this matter is adjudicated by the court & his salary may be reduced for this time period. After getting a clean chit his suspension order can be revoked & balance salary refunded to him. In the mean time if he retires from his service his retirement benefits such as gratuity & pension can be kept in hold fully or partially till the final verdict of the criminal complaint. The government department can even initiate a departmental disciplinary inquiry against the government servant too. Now coming to third situation where the government servant is already retired from his service & is involved in any criminal case against him, in such a case he is as such not bound by the code & conduct of the government rules & regulation concerning regular employees as such but since he is getting pension for being once a regular government employee he will be bound by the service rules concerning the retired person who are getting pension & other retirement benefits. In such case if he informs his government department regarding this criminal complaint his pension can be kept on hold fully or partially till the final verdict of the criminal complaint, but if he doesn't inform his department regarding this issue no suspension order can be issued against him. In this case what it seems that this person is on verge of his retirement & getting a final promotion which is usually given just few months from the retirement keeping in mind good conduct of the government employee. The person if has informed his department about such criminal complaint filled against his son where he is a co-accused may fail to get the promotion benefits & even his pension benefits i.e. gratuity & pension may get on hold till the final verdict. No question of his not getting these if he is found not guilty on any charges, but incase he is found guilty he will be deprived of both these benifits, similary as any government who is convicted of any criminal offence can be dismissed (& deprived of any government privileges) from his government services without holding/conducting any departmental inquiry as provided under Article 311 of the Constitution of India & government service rules & regulations concerning central or state employees.

Answer 2

The divoce issue is a civil / domestic case and is not linked to ICS protocol.
Your merit increment is based on you work performance.
It is 2 different matter and cannot be interlinked.
You got a winning case if it happens.

Answer 3

no the retirement benefits cannot be stopped unless the court directs your employer. the government department cannot do it on their own. If they have, file a case against your department

Answer 4

What state is this in?

Answer 5

you must be a product of public education
Cheers