Thanks Shrivastava Sir and Umakanthan Sir for your vaulable response.
Currently Emplyee is suspended from last 3 Months . Employee has responded with all the proofs and even gone through the enquiry . Allegations raised in Domestic ENquiry was also proven false against enquiry officer but still HR is not willing to revoke suspension. Employee is in Officer Grade . HR has personal issue with Employee and Supporting her Manager too.
Employee is harrshed by her Manager by doing wrong reporting to Higher Management.
After last response by Employee 50% salary is credited by Employer and in Show cause notice they have put up charge of misconduct and also in salary slip it is mentioned as Employee is absent for all working days.
Can Employee ask about final conclusion of Enquiry held which is almost 2 months now. also it seems HR is not willing to close the matter.
Also HR is sending communication without keeping Cc to Higher Management .
Need your support how to proceed forward
From India, Nadiad
Currently Emplyee is suspended from last 3 Months . Employee has responded with all the proofs and even gone through the enquiry . Allegations raised in Domestic ENquiry was also proven false against enquiry officer but still HR is not willing to revoke suspension. Employee is in Officer Grade . HR has personal issue with Employee and Supporting her Manager too.
Employee is harrshed by her Manager by doing wrong reporting to Higher Management.
After last response by Employee 50% salary is credited by Employer and in Show cause notice they have put up charge of misconduct and also in salary slip it is mentioned as Employee is absent for all working days.
Can Employee ask about final conclusion of Enquiry held which is almost 2 months now. also it seems HR is not willing to close the matter.
Also HR is sending communication without keeping Cc to Higher Management .
Need your support how to proceed forward
From India, Nadiad
Dear Pune.HR,
If the delinquent employee is an officer with supervisory responsibilities and drawing a monthly salary of above Rs.10000/=, he will not be a "workman" and as such he would not be covered by the rules of discipline set down in the Standing Orders applicable to the establishment. On the other hand he would be covered by the service regulations, if any relating to disciplinary control or the terms of his contract of employment as the case be. However, it does not imply that the lapse if any noticed in the disciplinary procedure adopted by the employer in the case of an employee who is beyond the purview of the Standing Orders is so serious as to violate the principles of natural justice can not be questioned at all; on the contrary such a serious procedural lapse can vitiate the entire proceedings in a later Judicial Scrutiny.
In the case mentioned by you, I am not sure why the HR is blamed - whether the HR person is the designated disciplinary authority. If the delinquent is of the opinion that the HR is playing foul in the matter due to her personal animosity or indifference, I think that nothing can prevent him from approaching the disciplinary authority for early disposal of the matter or immediate revocation of suspension pending final orders as he deems fit. If he is kept under suspension indefinitely just because he is paid subsistence allowance, it can be deemed as an act of victimization. Better, let the employee politely bring the episode to the notice of the top management.
From India, Salem
6018If the delinquent employee is an officer with supervisory responsibilities and drawing a monthly salary of above Rs.10000/=, he will not be a "workman" and as such he would not be covered by the rules of discipline set down in the Standing Orders applicable to the establishment. On the other hand he would be covered by the service regulations, if any relating to disciplinary control or the terms of his contract of employment as the case be. However, it does not imply that the lapse if any noticed in the disciplinary procedure adopted by the employer in the case of an employee who is beyond the purview of the Standing Orders is so serious as to violate the principles of natural justice can not be questioned at all; on the contrary such a serious procedural lapse can vitiate the entire proceedings in a later Judicial Scrutiny.
In the case mentioned by you, I am not sure why the HR is blamed - whether the HR person is the designated disciplinary authority. If the delinquent is of the opinion that the HR is playing foul in the matter due to her personal animosity or indifference, I think that nothing can prevent him from approaching the disciplinary authority for early disposal of the matter or immediate revocation of suspension pending final orders as he deems fit. If he is kept under suspension indefinitely just because he is paid subsistence allowance, it can be deemed as an act of victimization. Better, let the employee politely bring the episode to the notice of the top management.
From India, Salem
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