Dear All,
I am indeed grateful for the brainstorming session.
A small favor to ask - in the case of a suspension beyond 180 days, is it mandatory for the company under the Delhi Shop & Establishment Act to pay the full salary, or can the company continue to pay 75% of the salary allowance to a suspended manager?
Kindly guide.
Regards
From India, Ghaziabad
I am indeed grateful for the brainstorming session.
A small favor to ask - in the case of a suspension beyond 180 days, is it mandatory for the company under the Delhi Shop & Establishment Act to pay the full salary, or can the company continue to pay 75% of the salary allowance to a suspended manager?
Kindly guide.
Regards
From India, Ghaziabad
It is interesting that the high court did not give relief in a case where there is apparent injustice. You have said it was disposed of in another manner, meaning there would have been a technical error in your filing, or there are other matters and details that have not been disclosed in the forum.
A high court judge will not refuse relief to an employee being harassed unless there are circumstances in favor of the employer. Whether any relief is possible can only be decided by a lawyer.
Based on the details you have provided above, I do not see any fraud taking place. You can always complain. How will we on the forum be able to tell whether it will work? That depends on what evidence you have (not shared), what circumstances and other mitigating factors were there (not shared), and in fact what was the actual reason for suspension.
The only person who can help are lawyers who know the matter in detail.
From India, Mumbai
A high court judge will not refuse relief to an employee being harassed unless there are circumstances in favor of the employer. Whether any relief is possible can only be decided by a lawyer.
Based on the details you have provided above, I do not see any fraud taking place. You can always complain. How will we on the forum be able to tell whether it will work? That depends on what evidence you have (not shared), what circumstances and other mitigating factors were there (not shared), and in fact what was the actual reason for suspension.
The only person who can help are lawyers who know the matter in detail.
From India, Mumbai
I too agree with Mr. Gupta's reply. Management has the prerogative rights to place a person under suspension for the loss of confidence, evil behavior detrimental to the company image, misappropriation, etc. The act of inflicting suspension is not considered a punishment. You still have a chance to express your views and present your side of the facts to them. You can approach management by:
1) Asking them to provide a detailed charge memo for the reason of suspension, or
2) They will send you an inquiry notice to appear before the inquiry and present the detailed facts to the inquiry officer to be documented on your side.
3) The inquiry officer will allow you to cross-examine the management representative or witnesses. You have an opportunity to cross-examine them and register your side of the facts.
Considering the above, the suspension is not punitive.
Regards, T. Muralidaran 95000 92586
From India, Hosur
1) Asking them to provide a detailed charge memo for the reason of suspension, or
2) They will send you an inquiry notice to appear before the inquiry and present the detailed facts to the inquiry officer to be documented on your side.
3) The inquiry officer will allow you to cross-examine the management representative or witnesses. You have an opportunity to cross-examine them and register your side of the facts.
Considering the above, the suspension is not punitive.
Regards, T. Muralidaran 95000 92586
From India, Hosur
Dear Mr. Ssaxena934,
I am not very clear to your point but earlier in this topic Shri V K Gupta had mentioned that “If authority fails in their exercise, then they have to pay full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid.”
From India, Mumbai
I am not very clear to your point but earlier in this topic Shri V K Gupta had mentioned that “If authority fails in their exercise, then they have to pay full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid.”
From India, Mumbai
Thanks Shri Banarjeeji,
In fact the Honorable High Court did not decide the matter on merits but the matter was disposed off on parity basis at par with other employee’s punishment order in the same matter, on oral consent in the Court but while dictating the order, the wording of the Honorable High Court were different resulting only minor benefit to employee, which could not be corrected in spite of repeated protest by the employee in the Court and in further Appeal. The employee’s lawyer also did not take it seriously but the employee has suffered a lot. It is possible that there would have been some technical error in filling and some more details would have been disclosed in the Court.
As you correctly said that the employee can always complain but where should he complain and you do not see any fraud in this matter but there should be some way out to get justice after the employee has already gone through the High Court and further Appeal in vain.
As regards the evidence the list of evidence is already given earlier and most important evidence is that the Suspension Order Issuing Authority has not supplied the copy of the Alleged Report received by the Issuing Authority on the basis of which he suspended the employee.
Following true copy of the Suspension Order is already given which states that:-
“It has been reported that while working as xxx under xxx you have committed serious irregularities in the matter of xxx.
As the acts of misconduct committed by you are of grave nature, your continuance in the post held by you or the office in which you are working is likely to vitiate the enquiry or to become detrimental to the proceedings or to the interest of the organization.”
Copy of the Report received by Issuing Authority is not supplied to the employee till the date.
Name of the person who has reported is also known.
From India, Mumbai
In fact the Honorable High Court did not decide the matter on merits but the matter was disposed off on parity basis at par with other employee’s punishment order in the same matter, on oral consent in the Court but while dictating the order, the wording of the Honorable High Court were different resulting only minor benefit to employee, which could not be corrected in spite of repeated protest by the employee in the Court and in further Appeal. The employee’s lawyer also did not take it seriously but the employee has suffered a lot. It is possible that there would have been some technical error in filling and some more details would have been disclosed in the Court.
As you correctly said that the employee can always complain but where should he complain and you do not see any fraud in this matter but there should be some way out to get justice after the employee has already gone through the High Court and further Appeal in vain.
As regards the evidence the list of evidence is already given earlier and most important evidence is that the Suspension Order Issuing Authority has not supplied the copy of the Alleged Report received by the Issuing Authority on the basis of which he suspended the employee.
Following true copy of the Suspension Order is already given which states that:-
“It has been reported that while working as xxx under xxx you have committed serious irregularities in the matter of xxx.
As the acts of misconduct committed by you are of grave nature, your continuance in the post held by you or the office in which you are working is likely to vitiate the enquiry or to become detrimental to the proceedings or to the interest of the organization.”
Copy of the Report received by Issuing Authority is not supplied to the employee till the date.
Name of the person who has reported is also known.
From India, Mumbai
When a matter is ongoing, I would like to explain the inquiry procedure and powers of the authorities in a simple way.
If there is any report or observation of misconduct/misbehavior against an employee, the authority tries to find out the real truth or correctness of the circumstances/incident. If circumstances warrant the suspension of the employee, the authority can order suspension pending inquiry. The competent authority issues a charge sheet along with a statement of allegations and a list of witnesses to the delinquent employee and asks for his reply within a specified period. If the authority is satisfied with the reply, he can exonerate the delinquent employee from the charges and revoke any suspension, if applicable. If the authority finds the reply unsatisfactory, he can order the conduction of a domestic inquiry and appoint an Enquiry Officer (EO can be from the company or from outside) and refer the case to the EO for further investigation into the charges. The EO acts as a quasi-judicial authority and conducts the inquiry following the principles of natural justice. Here, both the management and the delinquent employee can represent their cases themselves or through an authorized person. Both have the full right to plead their case to the fullest. After the completion of the inquiry, the EO submits his report to the authority. It is within the power of the management to disagree with the report and reject it.
If the report of the EO is accepted, then the management decides on the punishment while considering the gravity of the misconduct and issues a Show Cause Notice (this notice is called the 2nd Show Cause Notice) asking for a reply stating that the employee has been found guilty and the management has decided to inflict punishment upon him. After this reply, the management issues a final notice of punishment.
It should also be noted that before the court, if the order is challenged, the management through the EO has to prove that the inquiry was fair and proper and conducted according to the principles of natural justice. If the management succeeds in this, then normally courts do not interfere with the punishment or modify the order of punishment in terms of the gravity of the misconduct.
Awaiting views of the worthy members...
Thanks
V K Gupta
From India, Panipat
If there is any report or observation of misconduct/misbehavior against an employee, the authority tries to find out the real truth or correctness of the circumstances/incident. If circumstances warrant the suspension of the employee, the authority can order suspension pending inquiry. The competent authority issues a charge sheet along with a statement of allegations and a list of witnesses to the delinquent employee and asks for his reply within a specified period. If the authority is satisfied with the reply, he can exonerate the delinquent employee from the charges and revoke any suspension, if applicable. If the authority finds the reply unsatisfactory, he can order the conduction of a domestic inquiry and appoint an Enquiry Officer (EO can be from the company or from outside) and refer the case to the EO for further investigation into the charges. The EO acts as a quasi-judicial authority and conducts the inquiry following the principles of natural justice. Here, both the management and the delinquent employee can represent their cases themselves or through an authorized person. Both have the full right to plead their case to the fullest. After the completion of the inquiry, the EO submits his report to the authority. It is within the power of the management to disagree with the report and reject it.
If the report of the EO is accepted, then the management decides on the punishment while considering the gravity of the misconduct and issues a Show Cause Notice (this notice is called the 2nd Show Cause Notice) asking for a reply stating that the employee has been found guilty and the management has decided to inflict punishment upon him. After this reply, the management issues a final notice of punishment.
It should also be noted that before the court, if the order is challenged, the management through the EO has to prove that the inquiry was fair and proper and conducted according to the principles of natural justice. If the management succeeds in this, then normally courts do not interfere with the punishment or modify the order of punishment in terms of the gravity of the misconduct.
Awaiting views of the worthy members...
Thanks
V K Gupta
From India, Panipat
CORRECTION - PLEASE READ THE LAST SENTANCE AS Name of the person who has reported is also NOT known.
From India, Mumbai
From India, Mumbai
Subject - Re: suspension without any written complaint
Shri V K Guptaji has mentioned that “If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry”.
BUT in this case the authority HAS NOT SUPPLIED THE COPY OF THE REPORT or observations of misconduct/misbehave against an employee to the employee till the date.
HERE the Competent Authority has issued Charge Sheet after 312 Days of Suspension along with statement of allegations WITHOUT ANY LIST OF WITNESSES AND PROPER EVIDENCES.
HERE the Authority conducted the Departmental Enquiry in hurry after 639 Days of Suspension under the influence of mala fide intention of Management and higher authorities against the principle of natural justice, after appointing a Department Enquiry Officer.
HERE, the Show Cause Notice is issued after 754 Days of Suspension.
And the Authority has issued Punishment Order after 816 Days of Suspension.
Matter in which the employee is suspended and Punished is NOT PROVED in the Court of Law.
Authority has entirely exonerated the other employee in the similar action in the same matter.
The Authority has Not supplied the required Report sought through RTI Application.
From India, Mumbai
Shri V K Guptaji has mentioned that “If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry”.
BUT in this case the authority HAS NOT SUPPLIED THE COPY OF THE REPORT or observations of misconduct/misbehave against an employee to the employee till the date.
HERE the Competent Authority has issued Charge Sheet after 312 Days of Suspension along with statement of allegations WITHOUT ANY LIST OF WITNESSES AND PROPER EVIDENCES.
HERE the Authority conducted the Departmental Enquiry in hurry after 639 Days of Suspension under the influence of mala fide intention of Management and higher authorities against the principle of natural justice, after appointing a Department Enquiry Officer.
HERE, the Show Cause Notice is issued after 754 Days of Suspension.
And the Authority has issued Punishment Order after 816 Days of Suspension.
Matter in which the employee is suspended and Punished is NOT PROVED in the Court of Law.
Authority has entirely exonerated the other employee in the similar action in the same matter.
The Authority has Not supplied the required Report sought through RTI Application.
From India, Mumbai
Ashok
I did not say that fraud did not happen
What I said is that from what you have put in your post, I do not see any fraud.
There may be injustice, malafide intention, refusal to pay the subsistence allowance. But this is not fraud. If the documents have been falsified, that would be fraud. But we do not know what has happened. Your posting of the notice is also with certain xxx. I appreciate you do not wish to give details on the open forum. But then, the information is not enough to give an informed answer. That is my point.
From my point of view, if the high court refused relief, then with the information on hand, I would conclude that the employee was at fault. I am surprised that the judge has not recommended any action for such a long delay. But if the court refuses to act, then there is no other way out for you.
Your initial post says that RTI shows that there was fraud. Your current post says they have not given information in RTI. It shows there is underlying facts and circumstances that can't be discuses or understood in an online forum.
From India, Mumbai
I did not say that fraud did not happen
What I said is that from what you have put in your post, I do not see any fraud.
There may be injustice, malafide intention, refusal to pay the subsistence allowance. But this is not fraud. If the documents have been falsified, that would be fraud. But we do not know what has happened. Your posting of the notice is also with certain xxx. I appreciate you do not wish to give details on the open forum. But then, the information is not enough to give an informed answer. That is my point.
From my point of view, if the high court refused relief, then with the information on hand, I would conclude that the employee was at fault. I am surprised that the judge has not recommended any action for such a long delay. But if the court refuses to act, then there is no other way out for you.
Your initial post says that RTI shows that there was fraud. Your current post says they have not given information in RTI. It shows there is underlying facts and circumstances that can't be discuses or understood in an online forum.
From India, Mumbai
Dear Saswata Banerjee,
Thanks, I got your point. I will prepare the matter in detail, giving all facts and consequences, and it will take time. Presently, I am out of station, and I will have to collect all documents after I return to Mumbai. I think you are also in Mumbai, and we can meet sometime. Please give me your contact details on my email ID. I will be back in November. Thereafter, I will meet you. In the meantime, I will send whatever information is available with me.
Thanks and Regards,
Ashok Gupta
Email: ashokgupta55@hotmail.com
From India, Mumbai
Thanks, I got your point. I will prepare the matter in detail, giving all facts and consequences, and it will take time. Presently, I am out of station, and I will have to collect all documents after I return to Mumbai. I think you are also in Mumbai, and we can meet sometime. Please give me your contact details on my email ID. I will be back in November. Thereafter, I will meet you. In the meantime, I will send whatever information is available with me.
Thanks and Regards,
Ashok Gupta
Email: ashokgupta55@hotmail.com
From India, Mumbai
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