Again, I ask: does it matter if the complaint is oral or written or even if the management takes suo moto cognisance of any incident or misconduct? So long as the details are provided in the charge sheet, it should meet the needs of natural justice.
Tell me, if the sweeper did not complain, but a senior director saw it and asked the plant head to suspend the manager and file a charge sheet, what is the position? The director cannot issue a charge sheet because the sweeper did not bother to make a written complaint?
I had 2 other queries in my post to which I have not got an answer....
From India, Mumbai
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2638Tell me, if the sweeper did not complain, but a senior director saw it and asked the plant head to suspend the manager and file a charge sheet, what is the position? The director cannot issue a charge sheet because the sweeper did not bother to make a written complaint?
I had 2 other queries in my post to which I have not got an answer....
From India, Mumbai
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Respected Shri V K Gupta ji,
I fully agree with your statement that “It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid to you. Charge sheet is to be issued by the authority and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.”
But in case “ The Authority does not give specific reason as stated in their suspension order and does not reply to any of the letters of the employee for about one year before issuing the Charge sheet and also do not pay 75% salary after 90 days and full salary after 180 days with all consequential benefits for 2 ½ year to the employee before disposing off the suspension matter after conducting vague and biased departmental enquiry in hurry without producing proper evidences and witnesses, which amounts to a fraud on the part of Authority against the employee” – what should the employee do even if he does not get justice from the court?
Ashok Gupta
From India, Mumbai
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I fully agree with your statement that “It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid to you. Charge sheet is to be issued by the authority and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.”
But in case “ The Authority does not give specific reason as stated in their suspension order and does not reply to any of the letters of the employee for about one year before issuing the Charge sheet and also do not pay 75% salary after 90 days and full salary after 180 days with all consequential benefits for 2 ½ year to the employee before disposing off the suspension matter after conducting vague and biased departmental enquiry in hurry without producing proper evidences and witnesses, which amounts to a fraud on the part of Authority against the employee” – what should the employee do even if he does not get justice from the court?
Ashok Gupta
From India, Mumbai
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I am not too familiar with this subject, but will an employee actually wait 2.5 years on suspension ? Would he not look for an job ? Do people actually sit at home for that long ? Of course he is getting full salary.
From India, Mumbai
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From India, Mumbai
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Mr. Banerjee's comments seem to be the most sensible. A member has put a query without giving any background of the case. We, as readers, are totally confused about what discussion is going on. Requesting clarity, with an example, at least while opening the post to understand better.
From India, Mumbai
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From India, Mumbai
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I too agree with Abhay Bandekar. We all give our opinions on a situation that is not 100% clear. We all give our opinions understanding the situation in our way. Anyway, V.K. Guptaji, this forum is open for all to express their opinions. No one can say enough or have a long discussion, etc. If you do not agree or are not interested, then you can choose not to express your opinion or express it properly. I hope you will learn how to express opinions in an open forum.
Regards,
Avinash K.
From India, Mumbai
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Regards,
Avinash K.
From India, Mumbai
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Thanks Shri Banarjeeji and Shri Abhaybandekarji,
As per your quarry, I have to inform that the matter is very much clear here that the suspended employee received the suspension order from the authority on the basis of some unknown person’s report in some departmental matter. The copy of that report is not supplied to the employee till the date, though the employee has been harshly punished. Even the authority has not supplied that report when the employee sought it through RTI application after receiving punishment. The employee was kept under suspension for about 2 ½ years without his receiving the 75% salary after 90 days and full salary after 180 days and all other consequential benefits as mentioned above by Shri V K Gupta ji.
Here, there is no question of the employee to wait for 2.5 years on suspension and sit at home for that long or looking for another job.
The question is that - what should the employee do even if he does not get justice from the court? Can he make a fraud case against the authority, if yes, under which section?
Thanks and Regards.
From India, Mumbai
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As per your quarry, I have to inform that the matter is very much clear here that the suspended employee received the suspension order from the authority on the basis of some unknown person’s report in some departmental matter. The copy of that report is not supplied to the employee till the date, though the employee has been harshly punished. Even the authority has not supplied that report when the employee sought it through RTI application after receiving punishment. The employee was kept under suspension for about 2 ½ years without his receiving the 75% salary after 90 days and full salary after 180 days and all other consequential benefits as mentioned above by Shri V K Gupta ji.
Here, there is no question of the employee to wait for 2.5 years on suspension and sit at home for that long or looking for another job.
The question is that - what should the employee do even if he does not get justice from the court? Can he make a fraud case against the authority, if yes, under which section?
Thanks and Regards.
From India, Mumbai
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If the courts have already decided against him then there is no recourse.
The court must have taken a decision based on the details of the matter that was put before the court and the lawyer of the suspended employee must have had an opportunity to put forward the absence of natural justice. If the court has decided that the company is right in suspending and terminating the employee, then that is the end of the matter unless you wish to go in appeal.
the employee used RTI to get a copy ?
So this is a government department or a PSU ?
From India, Mumbai
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The court must have taken a decision based on the details of the matter that was put before the court and the lawyer of the suspended employee must have had an opportunity to put forward the absence of natural justice. If the court has decided that the company is right in suspending and terminating the employee, then that is the end of the matter unless you wish to go in appeal.
the employee used RTI to get a copy ?
So this is a government department or a PSU ?
From India, Mumbai
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Dear Shri Banarjeeji,
It is a PSU, and RTI is used after the court matter is over because the court did not decide the matter on its merits and disposed of it in another way. Additionally, the employee did not receive justice after the appeal due to some lapses on the part of the suspended employee's lawyer. Consequently, the employee has no option but to pursue a fraud case. In this instance, fraud is unequivocally evident, with ample evidence on record against the authority.
Therefore, I seek your advice - can the employee file a fraud case against the authority to seek justice? I believe there is no time limit for filing a fraud case.
Thank you and regards.
From India, Mumbai
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It is a PSU, and RTI is used after the court matter is over because the court did not decide the matter on its merits and disposed of it in another way. Additionally, the employee did not receive justice after the appeal due to some lapses on the part of the suspended employee's lawyer. Consequently, the employee has no option but to pursue a fraud case. In this instance, fraud is unequivocally evident, with ample evidence on record against the authority.
Therefore, I seek your advice - can the employee file a fraud case against the authority to seek justice? I believe there is no time limit for filing a fraud case.
Thank you and regards.
From India, Mumbai
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This is getting into an area that is not of my expertise. From the best of my knowledge, the case would be time-barred after 3 years except in cases where evidence was suppressed from the concerned petitioner, which is probably not the case here. If the lawyer was incompetent, then I guess he does not have many options. If the lawyer deliberately did not fight it properly, then he has a grievance that he can approach the court with. Also, he can appeal to the higher court (unless the time for appeal is over).
Whether filing a case for fraud will work depends on the evidence and the manner in which it was done. I cannot comment on it with the little information we have at this time. You need to speak to a good lawyer, but then again, you need money to fight such a case as it will drag on for a long time.
From India, Mumbai
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Whether filing a case for fraud will work depends on the evidence and the manner in which it was done. I cannot comment on it with the little information we have at this time. You need to speak to a good lawyer, but then again, you need money to fight such a case as it will drag on for a long time.
From India, Mumbai
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Dear Seniors,
We are here to find out some solutions to any specific problem. In my case, company X issued the charge sheet on the basis of Model Standing Orders. However, in my appointment letter, there was no such clause under which they can issue a charge sheet. Additionally, the company doesn't have any service rules in place.
When I challenged this before the Shops and Establishment, Government of West Bengal, company X produced a backdated circular claiming that they have charged me with the help of this circular. This claim was rightly rejected by the Shops & Establishment Authority, Government of West Bengal. Now, the company X has produced the same documents before the Honorable High Court - Kolkata, which is currently under process.
I would appreciate your valued opinion on how to proceed in this matter and achieve results.
From India, Calcutta
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We are here to find out some solutions to any specific problem. In my case, company X issued the charge sheet on the basis of Model Standing Orders. However, in my appointment letter, there was no such clause under which they can issue a charge sheet. Additionally, the company doesn't have any service rules in place.
When I challenged this before the Shops and Establishment, Government of West Bengal, company X produced a backdated circular claiming that they have charged me with the help of this circular. This claim was rightly rejected by the Shops & Establishment Authority, Government of West Bengal. Now, the company X has produced the same documents before the Honorable High Court - Kolkata, which is currently under process.
I would appreciate your valued opinion on how to proceed in this matter and achieve results.
From India, Calcutta
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