Dear sir, I am worked with a small finance bank based on Kerala as a cashier, I was issued with a suspension proceedings letter on august 02. 2019 due to some alleged acts of misconducts committed while working. But till now the management didn't issued show cause notice, Charge sheet, Even they didn't conduct any initial domestic enquiry regarding this, I'm getting subsistence allowance properly, last allowance I got on March 30 2020. Kindly advise me, What is the next procedure in this matter? What kind of actions they may take.
Thank you
From India, Coimbatore
Thank you
From India, Coimbatore
Suspension-from-Duty-Pending Inquiry is the Second -Step in Disciplinary Proceedinings initiated against an Employee by any Employer as per Employment-related Laws of the Land; the First Step essential & Lawful is Issuing a Charge-Sheet or Show Cause Notice or Explanation Letter
i) informing the "delinquent Employee concerned" about the "Allegations or Charges of Misconduct alleged against said Employee which amount to Misconduct for which s/he is liable to Punishment as per applicable Service Rules; and ii) advising her/him to submit her/his Written Explanation in her/his "Defence".
Only after issuing the Charge-Sheet, the Suspension-Pending Inquiry Letter need/must be issued mentioing that Subsistence Allowance shall be payable on due dates ( Not for indefinite period as in your Case).
Please communicate to your Employer the aforesai Point PLUS our Hon'ble Supreme Court Ruling that "Internal Inquiry or Domestic Inquiry or Managerial Inquiry, as often referred to Must Be Completed within Six Months from the Date of initiating Disciplinary Action-Step. This is the Spirit of our Laws.
Harsh Kumar Sharan,
Kritarth Team of Independent & FreeLance Inquiry Officer
16.6.2020
From India, Delhi
200i) informing the "delinquent Employee concerned" about the "Allegations or Charges of Misconduct alleged against said Employee which amount to Misconduct for which s/he is liable to Punishment as per applicable Service Rules; and ii) advising her/him to submit her/his Written Explanation in her/his "Defence".
Only after issuing the Charge-Sheet, the Suspension-Pending Inquiry Letter need/must be issued mentioing that Subsistence Allowance shall be payable on due dates ( Not for indefinite period as in your Case).
Please communicate to your Employer the aforesai Point PLUS our Hon'ble Supreme Court Ruling that "Internal Inquiry or Domestic Inquiry or Managerial Inquiry, as often referred to Must Be Completed within Six Months from the Date of initiating Disciplinary Action-Step. This is the Spirit of our Laws.
Harsh Kumar Sharan,
Kritarth Team of Independent & FreeLance Inquiry Officer
16.6.2020
From India, Delhi
Ask the organization to withdraw suspension.Suspension cannot be for unlimited period.
Enquiry, chargesheet etc follow a sequence with time frames.
Put up a detailed letter drafted by a lawyer and ask for revocation of suspension and resuming normal duty, if they are not taking action against you.
Or things are languishing as thete may not be adequate evidence and they are undecided.
From India, Pune
Enquiry, chargesheet etc follow a sequence with time frames.
Put up a detailed letter drafted by a lawyer and ask for revocation of suspension and resuming normal duty, if they are not taking action against you.
Or things are languishing as thete may not be adequate evidence and they are undecided.
From India, Pune
Hi friend,
It's 11 months elapsed since you are suspended. It's reasonable that you are getting the subsistence allowance regularly which to some extent would meet your day to day exp. During this period, even if you won't consider the lockdown period of say 3 months, the delay is about 8 months and no formal enquiry seems to be initiated. I think you should consider writing a letter requesting them to revoke the suspension and take back to duty and await their response.
From India, Bangalore
It's 11 months elapsed since you are suspended. It's reasonable that you are getting the subsistence allowance regularly which to some extent would meet your day to day exp. During this period, even if you won't consider the lockdown period of say 3 months, the delay is about 8 months and no formal enquiry seems to be initiated. I think you should consider writing a letter requesting them to revoke the suspension and take back to duty and await their response.
From India, Bangalore
Keeping one employee under suspension- without a domestic enquiry - from Aug 2019 to date is not at all justified and is against the principle of natural justice and you can definitely bring this to the notice of management to reverse the decision, and request them for restoration of your services.
From India, Aizawl
From India, Aizawl
You have been placed under suspension pending enquiry since Feb 20019 and understandably neither a detailed charge sheet /Show cause given nor an enquiry has been initiated but you have been paid subsisting allowance every month.
It is grossly unjustified and unlawful that you have not been given delineated charges till date and that no enquiry has been initiated.
You are advised to raise an industrial dispute before a conciliation officer /Assistant Labour commissioner ( Central) as the case may be, depending on the jurisdiction and get appropriate redress to end the impasse.
. You have not mentioned in your query as to how much subsistence allowance you have been getting fro the employer
In this scenario, please be advised as per model standing orders or for that matter Bank's standing orders or by whatever musculature it is known, you are eligible for 100% subsistence allowance since the suspension period has crossed more than 360 days i your case. as per your statement, the delay in the enquiry is not attributable to your conduct, you can assert your right to claim 100% subsistence allowance
Panchsen
P.Senthilkumar
9884009193
From India, Chennai
It is grossly unjustified and unlawful that you have not been given delineated charges till date and that no enquiry has been initiated.
You are advised to raise an industrial dispute before a conciliation officer /Assistant Labour commissioner ( Central) as the case may be, depending on the jurisdiction and get appropriate redress to end the impasse.
. You have not mentioned in your query as to how much subsistence allowance you have been getting fro the employer
In this scenario, please be advised as per model standing orders or for that matter Bank's standing orders or by whatever musculature it is known, you are eligible for 100% subsistence allowance since the suspension period has crossed more than 360 days i your case. as per your statement, the delay in the enquiry is not attributable to your conduct, you can assert your right to claim 100% subsistence allowance
Panchsen
P.Senthilkumar
9884009193
From India, Chennai
Dear Experts,
Thank you for the valuable feedback, I received my suspension allowance on March 30, 2020. After that i didn't receive any allowance.
Also, One of my HR sent mail indicated that, " While going through attendance records, It has been noted that you have not marked your attendance since 20th June 2020.
In this scenario, we would like to confirm your working status and would like to know why your attendance was not marked for these days."
Please advise me,Is this a valid one? Because i got my suspension pending inquiry letter on Aug 02 2019. after that i didn't enter into office premises till now, My User Id for attendance portal also blocked by system admin on that day itself. In this situation, how can they Mark attendance for me till June 19? Legally it was correct?Kindly advise me sir's.
From India, Coimbatore
Thank you for the valuable feedback, I received my suspension allowance on March 30, 2020. After that i didn't receive any allowance.
Also, One of my HR sent mail indicated that, " While going through attendance records, It has been noted that you have not marked your attendance since 20th June 2020.
In this scenario, we would like to confirm your working status and would like to know why your attendance was not marked for these days."
Please advise me,Is this a valid one? Because i got my suspension pending inquiry letter on Aug 02 2019. after that i didn't enter into office premises till now, My User Id for attendance portal also blocked by system admin on that day itself. In this situation, how can they Mark attendance for me till June 19? Legally it was correct?Kindly advise me sir's.
From India, Coimbatore
Strictly speaking, the suspended employee must mark his/her attendance at the main Front gate of the working premises, (a separate register to be maintained at the Security office) to avail of the subsistence allowance.
In a suspension order, the above mentioned fact should also be mentioned by the management
(as general practice followed).
Any how you can submit a plea to the management, explaining the reasons cited in your post of today., that is how a suspended employee can enter into the premises and mark his attendance.
Morever, you can mention that you were not advised to mark your attendance at the Gate.
Lets see what will happen.
From India, Aizawl
In a suspension order, the above mentioned fact should also be mentioned by the management
(as general practice followed).
Any how you can submit a plea to the management, explaining the reasons cited in your post of today., that is how a suspended employee can enter into the premises and mark his attendance.
Morever, you can mention that you were not advised to mark your attendance at the Gate.
Lets see what will happen.
From India, Aizawl
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