Due to ACB case suspended since last two years without serving the charge sheet by my employeer. Moreover reinstatatement order is not given by my employeer. employeer name is GETCO which is a government compeny. located at Vadodara. Till the case is pending at Jamnagar district court due to FRAMING OF CHARGE/PLEA. please guide in the matter and oblige.
From India, Vadodara
From India, Vadodara
Dear PARIMAL,
Suspension is a temporary ban on an employee's attending his duties in view of an enquiry either contemplated or in progress into certain grave charges of misconduct. The enquiry may be a departmental one or a criminal case pending in a Court of Law.The intention and purpose behind such an action are not to permit the delinquent to meddle with the enquiry by his continuance in his job or official position. At times independent departmental enquiry can be conducted on the same charges against which a criminal case is in progress and their scopes are different. So, what is important is whether the suspended employee has been periodically paid the subsistence allowance as per the service rules.But, there are instances that the employer can solely rely on the outcome of the criminal case and exercising his discretion in view of the length of time consumed and unnecessary payment of subsistence allowance, he can revoke suspension and reinstae the delinquent in a non-sensitive post.Particularly in ACB cases involving embezzlement of public funds, no prudent employer would come forward to revoke suspension and order conditional reinstatement because of the reason of undue passage of time.In the absence of a clear picture of your case, sorry, I think, no one can suggest anything this way or that way!
From India, Salem
6018Suspension is a temporary ban on an employee's attending his duties in view of an enquiry either contemplated or in progress into certain grave charges of misconduct. The enquiry may be a departmental one or a criminal case pending in a Court of Law.The intention and purpose behind such an action are not to permit the delinquent to meddle with the enquiry by his continuance in his job or official position. At times independent departmental enquiry can be conducted on the same charges against which a criminal case is in progress and their scopes are different. So, what is important is whether the suspended employee has been periodically paid the subsistence allowance as per the service rules.But, there are instances that the employer can solely rely on the outcome of the criminal case and exercising his discretion in view of the length of time consumed and unnecessary payment of subsistence allowance, he can revoke suspension and reinstae the delinquent in a non-sensitive post.Particularly in ACB cases involving embezzlement of public funds, no prudent employer would come forward to revoke suspension and order conditional reinstatement because of the reason of undue passage of time.In the absence of a clear picture of your case, sorry, I think, no one can suggest anything this way or that way!
From India, Salem
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