Dear Nims,
I can understand your difficulties. But, one thing needs to be understood well - there is a great difference between fact and fiction. The fiction is the work-life balance, which is a personal affair of an employee and the personal responsibility of the employee to give that a practical shape by making appropriate adjustments between his/her daily chores of family life and the schedules of official life. If some organization ethically takes care of the personal needs and affairs of its employees, that can be treated as an ideal organization, which is quite rare on this earth.
Contrarily, the fact is that, irrespective of the personal or family life affairs of an employee, every individual is destined to work in the interest of the organization, which pays him/her with the sole aim of taking care of the interests of the organization. Only a few individual officers/managers of some organizations can be expected to take care of the work-life balance of their team members, provided the team member also takes enough care to help the boss discharge his organizational duties and responsibilities well towards the achievement of official targets by maintaining utmost performance efficiency of the team in general and the boss in specific.
So, work-life balance cannot be claimed as a matter of right from the employer by any employee, nor does any rule or act of law bind an employer to ensure work-life balance of the employees against the interest of the organization. If he does so, that can be taken as a matter of grace and gratitude on the part of the employer or the management.
So far as your suspension is concerned, in Government/PSU system, suspension is not treated as a punishment. Rather, suspension is resorted to restrain the employee from taking part in official work and also to avoid him/her from tampering with the evidence against him/her. Suspension is a common practice in the workplace for being in violation of an organization's policy, or major breaches of policy. Work suspensions occur when the administration/management deems an action of an employee, whether intentional or unintentional, to be a violation of policy that should result in a course of punishment, and when the employee's absence during the suspension period does not affect the working of the organization. Although the decision to suspend is not necessarily disciplinary in nature, when suspension takes place it is normally in circumstances involving potential gross misconduct. Alternatively, suspension may happen where relationships have broken down, or where it is considered there are risks to your employer's property/records to be tampered with.
About your query, "when the case is in the court, can a company suspend an employee when the company had agreed in the court that no action will be taken," in the absence of any stay order, the company can suspend an employee to restrain him from participating in the day-to-day activity of the company. If the company agreed not to take action, that means, although due, the company would avoid taking any disciplinary action against you till the pendency of the court case. But if you think seriously, that also goes against your own interest. The court proceedings may take a very long time, whereas the company withholds (not canceled) its decision to take action against you till the court case is decided. The company, if suspended you, can be considered to have determined to take disciplinary action against you any time after the verdict of the court in your case comes. The finalization of the disciplinary case taken thereafter is also likely to take years together. So, till both the cases are finalized and also the punishment period is over, if punished in the disciplinary case, your career/promotions will surely be affected adversely.
So, you will have the need to fight both the cases wisely and effectively.
Please don't think that I am trying to terrify you. I am simply trying to make you aware of the facts of official life and to make you alert about the likely future dilemma to happen for you to face and to plan your activities tactfully and wisely to tackle that.
From India, Delhi
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422I can understand your difficulties. But, one thing needs to be understood well - there is a great difference between fact and fiction. The fiction is the work-life balance, which is a personal affair of an employee and the personal responsibility of the employee to give that a practical shape by making appropriate adjustments between his/her daily chores of family life and the schedules of official life. If some organization ethically takes care of the personal needs and affairs of its employees, that can be treated as an ideal organization, which is quite rare on this earth.
Contrarily, the fact is that, irrespective of the personal or family life affairs of an employee, every individual is destined to work in the interest of the organization, which pays him/her with the sole aim of taking care of the interests of the organization. Only a few individual officers/managers of some organizations can be expected to take care of the work-life balance of their team members, provided the team member also takes enough care to help the boss discharge his organizational duties and responsibilities well towards the achievement of official targets by maintaining utmost performance efficiency of the team in general and the boss in specific.
So, work-life balance cannot be claimed as a matter of right from the employer by any employee, nor does any rule or act of law bind an employer to ensure work-life balance of the employees against the interest of the organization. If he does so, that can be taken as a matter of grace and gratitude on the part of the employer or the management.
So far as your suspension is concerned, in Government/PSU system, suspension is not treated as a punishment. Rather, suspension is resorted to restrain the employee from taking part in official work and also to avoid him/her from tampering with the evidence against him/her. Suspension is a common practice in the workplace for being in violation of an organization's policy, or major breaches of policy. Work suspensions occur when the administration/management deems an action of an employee, whether intentional or unintentional, to be a violation of policy that should result in a course of punishment, and when the employee's absence during the suspension period does not affect the working of the organization. Although the decision to suspend is not necessarily disciplinary in nature, when suspension takes place it is normally in circumstances involving potential gross misconduct. Alternatively, suspension may happen where relationships have broken down, or where it is considered there are risks to your employer's property/records to be tampered with.
About your query, "when the case is in the court, can a company suspend an employee when the company had agreed in the court that no action will be taken," in the absence of any stay order, the company can suspend an employee to restrain him from participating in the day-to-day activity of the company. If the company agreed not to take action, that means, although due, the company would avoid taking any disciplinary action against you till the pendency of the court case. But if you think seriously, that also goes against your own interest. The court proceedings may take a very long time, whereas the company withholds (not canceled) its decision to take action against you till the court case is decided. The company, if suspended you, can be considered to have determined to take disciplinary action against you any time after the verdict of the court in your case comes. The finalization of the disciplinary case taken thereafter is also likely to take years together. So, till both the cases are finalized and also the punishment period is over, if punished in the disciplinary case, your career/promotions will surely be affected adversely.
So, you will have the need to fight both the cases wisely and effectively.
Please don't think that I am trying to terrify you. I am simply trying to make you aware of the facts of official life and to make you alert about the likely future dilemma to happen for you to face and to plan your activities tactfully and wisely to tackle that.
From India, Delhi
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Apparently, the suspension is part of the chain of your transfer, your non-compliance with the transfer order, and seeking judicial review. However, for the time being, the legal elements are such that the issue of suspension needs to be viewed as an unrelated event. It appears from the disclosed facts that you have been placed under suspension pending disciplinary proceedings. Unless you wish for an amicable settlement, let the matter remain as it is. The onus rests with the management to issue the charge sheet and conduct the proceedings. Further course of action could be decided once the charge sheet is issued.
As for the transfer, the court is already seized of the matter; they have called for the papers. Let it take its course.
From India, Kochi
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As for the transfer, the court is already seized of the matter; they have called for the papers. Let it take its course.
From India, Kochi
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(Fact Checked)-The user reply is correct in stating that the suspension is pending disciplinary proceedings and related to non-compliance with the transfer order, which may be viewed as an unrelated event legally. The management has the responsibility to issue a charge-sheet and conduct disciplinary proceedings. (1 Acknowledge point)
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Dear member,
Seniors and experts have already explained and recorded their views in detail in the above remarks. I think it is not feasible to submit any new ideas. However, for clarity purposes, I would like to request you to please provide the following information, if possible:
1. What is the name of the PSU in which you are working? Which service rules are applicable to employees working in the said PSU?
2. What is meant by "CDA Rules" as mentioned by you in one of your replies?
3. Is there a transfer policy in your PSU?
4. In which court have you filed the case? Is it the appropriate court with jurisdiction as per your service rules? As far as I remember, Central Civil Services employees/officers are required to file such cases only in CAT with the appropriate jurisdiction.
Thank you.
From India, Noida
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Seniors and experts have already explained and recorded their views in detail in the above remarks. I think it is not feasible to submit any new ideas. However, for clarity purposes, I would like to request you to please provide the following information, if possible:
1. What is the name of the PSU in which you are working? Which service rules are applicable to employees working in the said PSU?
2. What is meant by "CDA Rules" as mentioned by you in one of your replies?
3. Is there a transfer policy in your PSU?
4. In which court have you filed the case? Is it the appropriate court with jurisdiction as per your service rules? As far as I remember, Central Civil Services employees/officers are required to file such cases only in CAT with the appropriate jurisdiction.
Thank you.
From India, Noida
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(Fact Checked)-The information provided in the user reply is mostly relevant and seeks additional details to offer more precise guidance. (1 Acknowledge point)
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In my posting above, 'ceased' may be read as 'seized'. The lapse is regretted.
From India, Kochi
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From India, Kochi
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(Fact Check Failed/Partial)-The user reply does not address the original query regarding the suspension of an employee without disciplinary proceedings. More information is needed to clarify this issue.
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Hi,
Can a PSU, instead of suspension, directly terminate (as per company CDA rules) the service of a manager-grade employee on transfer? After joining the transfer location, management has made them work as a salesperson instead of the manager-grade position (possibly as per the Sales Promotion Act 1976) and tried harassment in all possible ways, including inducing salary reduction. As a result, after 2 years, the employee has taken a long leave with an email intimation to the boss and HR, but the leaves are considered as authorized absences.
Is the PSU empowered to terminate the employee without conducting a domestic enquiry, etc.?
Please note the screenshot attached for good advice from seniors.
From India, Bangalore
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Can a PSU, instead of suspension, directly terminate (as per company CDA rules) the service of a manager-grade employee on transfer? After joining the transfer location, management has made them work as a salesperson instead of the manager-grade position (possibly as per the Sales Promotion Act 1976) and tried harassment in all possible ways, including inducing salary reduction. As a result, after 2 years, the employee has taken a long leave with an email intimation to the boss and HR, but the leaves are considered as authorized absences.
Is the PSU empowered to terminate the employee without conducting a domestic enquiry, etc.?
Please note the screenshot attached for good advice from seniors.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. PSU cannot terminate an employee without conducting a domestic enquiry. The employee should seek legal advice and follow proper procedures.
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Thanks to all seniors.
With reference to Boss2966, our company does not have any locations close to my current place of posting. I had also applied for deputation, which I understand now that my company has not sent as per the company's requirements. The recruiting company had asked for the required documents, but our company is not cooperating with them. If an individual is seeking placement in another company, why are they not cooperating instead of trying to harass? What are your opinions? Please guide.
Also, when I posted back, the posting was not for one year. Since the work can still be carried out from the current place,
Reference to Haresh Kumar Mehta: It's an oil PSU. CDA stands for Conduct, Discipline, and Appeal. The transfer policy is every three years, but it does not apply equally to all employees. There are many who have not been transferred for many years. The case is filed in the High Court.
Thanks to all and seek your guidance.
From India, Mangalore
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With reference to Boss2966, our company does not have any locations close to my current place of posting. I had also applied for deputation, which I understand now that my company has not sent as per the company's requirements. The recruiting company had asked for the required documents, but our company is not cooperating with them. If an individual is seeking placement in another company, why are they not cooperating instead of trying to harass? What are your opinions? Please guide.
Also, when I posted back, the posting was not for one year. Since the work can still be carried out from the current place,
Reference to Haresh Kumar Mehta: It's an oil PSU. CDA stands for Conduct, Discipline, and Appeal. The transfer policy is every three years, but it does not apply equally to all employees. There are many who have not been transferred for many years. The case is filed in the High Court.
Thanks to all and seek your guidance.
From India, Mangalore
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. The information provided regarding the company's cooperation, transfer policy, and the meaning of CDA rules needs clarification.
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Dear Nims,
I can guess, maybe on your own or due to the wrong guidance of someone close to you, out of ignorance about rules and regulations, you had taken some steps in disgust or disappointment, which worked awfully wrong in your case and also led to indiscipline on your part, enhancing your woes.
Regarding your application for deputation, I would like to point out that in government or PSU organizations, deputation is never a right-based event; rather, it is always request-oriented and requires due vigilance clearance. Firstly, the acceptance or rejection of a request is solely at the discretion of the employer. Secondly, vigilance clearance is essential before forwarding an application for deputation. Thirdly, even if an application is forwarded against government instructions, no government organization accepts the applicant of any official/executive on a deputation basis if any vigilance/disciplinary action is pending or even contemplated.
There are two negatively impacting points in your case that could become significant hurdles in forwarding your deputation application: (1) your suspension, indicating a pending or contemplated disciplinary action against you, and (2) your court case against the company, which has likely caused anger among your superiors. Until both issues are resolved and three years have passed since the closure of the disciplinary case, you will not be eligible for vigilance clearance to forward your deputation application.
Therefore, before anything else, prioritize expediting the court case as well as the disciplinary proceedings to effectively defend your cases. Otherwise, these events may harm your career for years to come.
Kind regards,
[Your Name]
From India, Delhi
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I can guess, maybe on your own or due to the wrong guidance of someone close to you, out of ignorance about rules and regulations, you had taken some steps in disgust or disappointment, which worked awfully wrong in your case and also led to indiscipline on your part, enhancing your woes.
Regarding your application for deputation, I would like to point out that in government or PSU organizations, deputation is never a right-based event; rather, it is always request-oriented and requires due vigilance clearance. Firstly, the acceptance or rejection of a request is solely at the discretion of the employer. Secondly, vigilance clearance is essential before forwarding an application for deputation. Thirdly, even if an application is forwarded against government instructions, no government organization accepts the applicant of any official/executive on a deputation basis if any vigilance/disciplinary action is pending or even contemplated.
There are two negatively impacting points in your case that could become significant hurdles in forwarding your deputation application: (1) your suspension, indicating a pending or contemplated disciplinary action against you, and (2) your court case against the company, which has likely caused anger among your superiors. Until both issues are resolved and three years have passed since the closure of the disciplinary case, you will not be eligible for vigilance clearance to forward your deputation application.
Therefore, before anything else, prioritize expediting the court case as well as the disciplinary proceedings to effectively defend your cases. Otherwise, these events may harm your career for years to come.
Kind regards,
[Your Name]
From India, Delhi
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(Fact Check Failed/Partial)-The user reply contains incorrect information regarding the suspension and deputation processes. In PSU companies, suspensions should be based on valid reasons and disciplinary proceedings must be followed. Vigilance clearance is not required for all deputation requests. It is important to address the suspension and legal actions promptly.
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Dear Nims,
Does your suspension come with the payment of subsistence allowance or not? I mean, after suspension, obviously your company is not paying you a salary; instead, did they provide you with the 'subsistence allowance'?
Notwithstanding, if you need to seek relief, I suggest you engage with your HR and make arrangements to report to the place/post where they have transferred you. Failing to do so, I am afraid you will incur irreparable loss and mental stress. You may also consider withdrawing the case against the company. Most probably, your company might make it a precondition to allow you to rejoin duty and lift the suspension order. Furthermore, I presume your company should have an Appellate Authority for addressing grievances within your administrative mechanism. If so, file your petition for a compassionate posting to a desired place. However, a verdict in your favor is not guaranteed. In matters of transfer/posting to an appropriate place and duty responsibilities without a loss of fixed emoluments, you have hardly anything to contest. Please bear this fact in mind, pal.
From India, Bangalore
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Does your suspension come with the payment of subsistence allowance or not? I mean, after suspension, obviously your company is not paying you a salary; instead, did they provide you with the 'subsistence allowance'?
Notwithstanding, if you need to seek relief, I suggest you engage with your HR and make arrangements to report to the place/post where they have transferred you. Failing to do so, I am afraid you will incur irreparable loss and mental stress. You may also consider withdrawing the case against the company. Most probably, your company might make it a precondition to allow you to rejoin duty and lift the suspension order. Furthermore, I presume your company should have an Appellate Authority for addressing grievances within your administrative mechanism. If so, file your petition for a compassionate posting to a desired place. However, a verdict in your favor is not guaranteed. In matters of transfer/posting to an appropriate place and duty responsibilities without a loss of fixed emoluments, you have hardly anything to contest. Please bear this fact in mind, pal.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains incorrect information regarding the necessity of paying subsistence allowance during suspension and the advice to withdraw the court case. It is important to consult legal counsel for the best course of action in this situation.
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Hello seniors,
An anonymous individual replied to one of the well-known senior posts on February 7th. The post is very similar to the above thread, but the PSU (Public Sector Undertaking) has taken a step further under the ownership of the President of India's company. They are terminating employees without suspension and providing Full and Final settlement.
The PSU is operating in a dictatorial manner, saving on suspension salary and benefits for potential legal cases in the Central Administrative Tribunal (CAT). The legal case appears to be very strong in comparison. It might soon occur at Nims24 if not reported promptly for a transfer.
It is surprising to note that none of the seniors are interested in responding to the anonymous reply. The attached screenshot provides clearer information on the importance of a domestic inquiry.
TC.
From India, Bangalore
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An anonymous individual replied to one of the well-known senior posts on February 7th. The post is very similar to the above thread, but the PSU (Public Sector Undertaking) has taken a step further under the ownership of the President of India's company. They are terminating employees without suspension and providing Full and Final settlement.
The PSU is operating in a dictatorial manner, saving on suspension salary and benefits for potential legal cases in the Central Administrative Tribunal (CAT). The legal case appears to be very strong in comparison. It might soon occur at Nims24 if not reported promptly for a transfer.
It is surprising to note that none of the seniors are interested in responding to the anonymous reply. The attached screenshot provides clearer information on the importance of a domestic inquiry.
TC.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. PSUs cannot terminate employees without following due process and conducting disciplinary proceedings. No evidence supports such actions. It's crucial to adhere to legal procedures.
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Dear anonymous,
The earlier anonymous has been posting this query in the forum on many occasions and has been advised that his query can only be addressed by legal actions. The forum has no practical solution for the happening as described by Anonymous.
"Surprise to note that none of the seniors are interested to reply to the anonymous posted reply." So this statement is incorrect. Also, remember that advice by seniors is a voluntary act out of interest to assist the community at large, and no one can draw a conclusion and get surprised.
From India, Pune
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The earlier anonymous has been posting this query in the forum on many occasions and has been advised that his query can only be addressed by legal actions. The forum has no practical solution for the happening as described by Anonymous.
"Surprise to note that none of the seniors are interested to reply to the anonymous posted reply." So this statement is incorrect. Also, remember that advice by seniors is a voluntary act out of interest to assist the community at large, and no one can draw a conclusion and get surprised.
From India, Pune
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(Fact Check Failed/Partial)-The user reply does not address the original post's query or provide accurate information. The company's suspension without disciplinary proceedings is a legal concern. Legal actions are necessary for such disputes.
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(Fact Check Failed/Partial)-The information provided in the user reply contains inaccuracies regarding the legality and procedures related to employee suspension and work-life balance in a PSU company.