I am a female employee working in a PSU company. I was transferred once and, on request, was sent back to my original place of posting, where my family resides. Then again, within a period of one year, I was issued a transfer order. Since I was not able to carry on the transfer, I had made several representations, which my management did not accede to my request and were rigid that I should join my new place of posting soon, whereas a few employees' requests were considered, and their transfers were kept at abeyance. Every now and then, I was receiving mails to join or strong action will be taken. Since I had no option, I filed a petition in court against which the hearing is still pending. But now my company has issued a suspension order under CDA Rules Clause 1, schedule II of rule 3j, calling for strict disciplinary action. My punching has been disabled.
My query is whether a company can suspend an employee without any disciplinary proceedings and disable his punching.
Please seek your guidance.
Thanks
From India, Mangalore
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7My query is whether a company can suspend an employee without any disciplinary proceedings and disable his punching.
Please seek your guidance.
Thanks
From India, Mangalore
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What is our company policy on hometown/request postings? Normally, when transfers are given, an employee has to move, and no court will grant relief unless the employee can prove malicious intent in the posting. Transfers are a fundamental aspect of any employment. Has the court issued a stay order on your transfer? The company can suspend an employee and then conduct disciplinary proceedings.
From India, Pune
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From India, Pune
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Thank you, sir.
As per the company policy, an employee is transferred every three years. In my case, I was transferred within one year of completion. There was an ego problem between the seniors I was reporting to; one was in favor of my transfer, and the other was against it. My current transfer order states that I will be handling the same functions but from my new place of posting. In such a case, please provide guidance.
Thank you
From India, Mangalore
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As per the company policy, an employee is transferred every three years. In my case, I was transferred within one year of completion. There was an ego problem between the seniors I was reporting to; one was in favor of my transfer, and the other was against it. My current transfer order states that I will be handling the same functions but from my new place of posting. In such a case, please provide guidance.
Thank you
From India, Mangalore
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(Fact Check Failed/Partial)-The user reply is incorrect. The company policy mentioned in the reply about transfers every three years does not align with the original post. The suspension without disciplinary proceedings is a violation of principles of natural justice and labor laws.
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Also, I am being discriminated against since a few employees' transfers were not carried out upon their request, whereas in my case, it was not considered. Additionally, I would like to know if, in the case of suspension, an employee can attend the office and whether he has to surrender his ID card.
From India, Mangalore
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From India, Mangalore
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(Fact Check Failed/Partial)-The employee can attend the office during suspension unless specified otherwise. ID card surrender may be required. Discrimination claims should be raised formally.
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the court had called for papers regarding transfer policy, which the company asked some time to submit. until then the court told verbally that no action should be taken.
From India, Mangalore
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From India, Mangalore
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(Fact Check Failed/Partial)-The user's reply is incorrect. The court cannot verbally instruct no action should be taken. In legal matters, all instructions should be in writing.
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Whether some employees have been transferred after one year (sometimes compassionate or hometown postings are for a year only), malafide intentions have to be proved for the court to take action. The company will provide details of employees transferred after one year and have a large number of reasons for the transfer.
Why have they asked you to surrender your ID? An employee under suspension is still an employee. Discuss this aspect with your lawyer and see whether it can be shown as a negative and predetermined action of the company (due to ego clashes, as you mentioned, between two prominent individuals). Your advocate is the best person to guide you. Keep close contact on all case-related issues and keep pressing for quick relief.
The company may try delaying tactics in court because the more the delay, the more the employee will face financial difficulties. Best of luck.
From India, Pune
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Why have they asked you to surrender your ID? An employee under suspension is still an employee. Discuss this aspect with your lawyer and see whether it can be shown as a negative and predetermined action of the company (due to ego clashes, as you mentioned, between two prominent individuals). Your advocate is the best person to guide you. Keep close contact on all case-related issues and keep pressing for quick relief.
The company may try delaying tactics in court because the more the delay, the more the employee will face financial difficulties. Best of luck.
From India, Pune
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. There is no requirement to prove malafide intention for court action. Also, surrendering ID during suspension is common. It's advisable to consult with a lawyer and focus on legal aspects.
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Suspension is not a penalty under CDA rules; however, it should be followed by a charge sheet. Transfer orders on administrative grounds shall be followed; otherwise, efficient administration will not be possible. In your case, if there is any genuine grievance, go ahead and register it on the portal and hope for the best. The ID Act does not apply in your case.
From India, Pune
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From India, Pune
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(Fact Checked)-Suspension without charge sheet violates principles of natural justice. Transfer orders must align with administrative grounds. Seek redressal through grievance mechanisms. (1 Acknowledge point)
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Dear Nims,
Suspension does not follow disciplinary action. Rather, suspension is a pre-disciplinary event that is resorted to by the management or administration against an employee if he/she is found guilty of some misconduct. So, disciplinary proceedings against an employee follow the suspension, if made. Your case pertains to misconduct of insubordination and disobeyance of orders of the competent authority, which is termed as unbecoming of a public servant. Besides, you have filed a court case against the management when a transfer is one of the pre-conditions of service. That would have added fuel to the fire to make the management more irritated with your misconduct. Suspension is normally made when the management takes a very serious view of the employee's misconduct. The process of framing a chargesheet against you would be underway. If suspended, the management seems to have the intention to serve you with a major penalty chargesheet for which a regular departmental/domestic inquiry will be held. A chargesheet can be served to you at any time in the near future to be followed by a departmental inquiry. You will, however, get the opportunity to defend your case by engaging one serving official or a retired person to help you assist in defending your case during inquiry proceedings.
It may also be pointed out to you that your court case will not have any impact on the departmental inquiry unless a stay is granted by the competent court of law. But that is not advisable, as a stay would only lead to a delay in the departmental inquiry and decision, not the withdrawal of the chargesheet. Delay in the departmental inquiry can hamper the process of development of your future career as well.
It may also not be out of context to point out that courts normally do not interfere with the administrative process of the management, particularly in transfer cases, unless sufficient proof of injustice is brought before the court. Normally, a transfer is considered to have been made in the interest of the service of the organization. To cancel a transfer or hold it in abeyance is the discretionary power of the management, where courts do not normally interfere in the process.
MY ADVICE: Act wisely in both cases. Don't get misled by ignorance or emotions.
From India, Delhi
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Suspension does not follow disciplinary action. Rather, suspension is a pre-disciplinary event that is resorted to by the management or administration against an employee if he/she is found guilty of some misconduct. So, disciplinary proceedings against an employee follow the suspension, if made. Your case pertains to misconduct of insubordination and disobeyance of orders of the competent authority, which is termed as unbecoming of a public servant. Besides, you have filed a court case against the management when a transfer is one of the pre-conditions of service. That would have added fuel to the fire to make the management more irritated with your misconduct. Suspension is normally made when the management takes a very serious view of the employee's misconduct. The process of framing a chargesheet against you would be underway. If suspended, the management seems to have the intention to serve you with a major penalty chargesheet for which a regular departmental/domestic inquiry will be held. A chargesheet can be served to you at any time in the near future to be followed by a departmental inquiry. You will, however, get the opportunity to defend your case by engaging one serving official or a retired person to help you assist in defending your case during inquiry proceedings.
It may also be pointed out to you that your court case will not have any impact on the departmental inquiry unless a stay is granted by the competent court of law. But that is not advisable, as a stay would only lead to a delay in the departmental inquiry and decision, not the withdrawal of the chargesheet. Delay in the departmental inquiry can hamper the process of development of your future career as well.
It may also not be out of context to point out that courts normally do not interfere with the administrative process of the management, particularly in transfer cases, unless sufficient proof of injustice is brought before the court. Normally, a transfer is considered to have been made in the interest of the service of the organization. To cancel a transfer or hold it in abeyance is the discretionary power of the management, where courts do not normally interfere in the process.
MY ADVICE: Act wisely in both cases. Don't get misled by ignorance or emotions.
From India, Delhi
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(Fact Check Failed/Partial)-Suspension precedes disciplinary action, not the other way around. Misconduct can lead to suspension pending inquiry. Courts usually don't intervene in such administrative matters unless injustice is evident.
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Thanks all,
My query is when the case is in court, can a company suspend an employee when the company had agreed in court that no action will be taken? I agree that a transfer is a precondition. But once transferred back, why is the employee transferred again? For a company issuing a transfer order does not have any impact. But the person who has to serve the transfer gets affected. A female who has to balance work and family life; such types of transfers within a year seriously affect her family mentally and physically.
When the government is implementing new policies to encourage more women to take up employment and work while maintaining a balance between work and family, there should be some flexibility by the management instead of being rigid. When, as far as possible, administrative work is running smoothly without any hindrance, please guide on what should be done further.
From India, Mangalore
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My query is when the case is in court, can a company suspend an employee when the company had agreed in court that no action will be taken? I agree that a transfer is a precondition. But once transferred back, why is the employee transferred again? For a company issuing a transfer order does not have any impact. But the person who has to serve the transfer gets affected. A female who has to balance work and family life; such types of transfers within a year seriously affect her family mentally and physically.
When the government is implementing new policies to encourage more women to take up employment and work while maintaining a balance between work and family, there should be some flexibility by the management instead of being rigid. When, as far as possible, administrative work is running smoothly without any hindrance, please guide on what should be done further.
From India, Mangalore
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(Fact Checked)-The company can suspend an employee under Clause 1, Schedule II of Rule 3j of CDA Rules, even if the case is in court. The company can take disciplinary action as per rules. (1 Acknowledge point)
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Dear Nims,
In your case, I will be with Mr. PS Dhingra. When you applied for a transfer on compassionate grounds to your hometown, at that time, the vacancy may have been available, and the transfer might have been granted for a 1-year period to help you resolve your problems. After that period, if you receive a transfer order, you must move forward unless the management agrees to hold off on your transfer request.
Instead of rejecting the transfer order, if you request a transfer to a nearby location within the same city where you are currently placed, it is likely that your transfer could have been approved. Filing a case against your employer will only further provoke the management. Try to resolve the situation amicably and, if possible, explore other job opportunities.
Wishing you all the best.
From India, Kumbakonam
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In your case, I will be with Mr. PS Dhingra. When you applied for a transfer on compassionate grounds to your hometown, at that time, the vacancy may have been available, and the transfer might have been granted for a 1-year period to help you resolve your problems. After that period, if you receive a transfer order, you must move forward unless the management agrees to hold off on your transfer request.
Instead of rejecting the transfer order, if you request a transfer to a nearby location within the same city where you are currently placed, it is likely that your transfer could have been approved. Filing a case against your employer will only further provoke the management. Try to resolve the situation amicably and, if possible, explore other job opportunities.
Wishing you all the best.
From India, Kumbakonam
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. In the scenario described, the employee's situation involves a dispute over transfer and subsequent suspension, not just a routine transfer issue. Filing a case for such matters is a legal right to seek redressal, and it does not necessarily escalate the situation. It is essential for the employee to understand their legal rights and options in such circumstances.
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. The company cannot suspend an employee without conducting disciplinary proceedings. The court hearing is pending, and a stay order on the transfer would impact the situation.