Dear All,
Indeed grateful for brainstorming session,
A small favour - in case of suspension beyond 180 day is it mandatory for company under Delhi Shop & Establishment Act to pay full salary or company can continue to pay 75% S Allowance to a suspended manager.
Kindly guide
Regards
From India, Ghaziabad
Indeed grateful for brainstorming session,
A small favour - in case of suspension beyond 180 day is it mandatory for company under Delhi Shop & Establishment Act to pay full salary or company can continue to pay 75% S Allowance to a suspended manager.
Kindly guide
Regards
From India, Ghaziabad
It is interesting that the high court did not give relief in a case where the there is apparent injustice.
You have said it was disposed off in other manner. Meaning there would have been a technical error in your filling. Or there are other matters and details that have not been disclosed in the forum.
A high court judge will not refuse relief to an employee being harassed unless there are circumstances in favour of the employer. Whether any relief is possible can only be decided by a lawyer.
Based on the details you have provided above, I do not see any fraud taking place.
You can always complain. How will we on the forum be able to tell whether it will work . That depends on what evidence you have (not shared), what circumstances and other mitigating factors were there (not shared) and in fact what was the actual reason for suspension.
Only person who can help are lawyers who know the matter in details
From India, Mumbai
2392You have said it was disposed off in other manner. Meaning there would have been a technical error in your filling. Or there are other matters and details that have not been disclosed in the forum.
A high court judge will not refuse relief to an employee being harassed unless there are circumstances in favour of the employer. Whether any relief is possible can only be decided by a lawyer.
Based on the details you have provided above, I do not see any fraud taking place.
You can always complain. How will we on the forum be able to tell whether it will work . That depends on what evidence you have (not shared), what circumstances and other mitigating factors were there (not shared) and in fact what was the actual reason for suspension.
Only person who can help are lawyers who know the matter in details
From India, Mumbai
I Too agree with Mr Gupta reply. Management has got prerogative rights to place a person under suspension, for the Loss of confidence/Evil behaviour which is detrimonial to the company image/Misappropriation etc.The inflicting suspension is not comes under Punishment. Still you have chance to express your views and put-forth your side of facts to them. For which you can approach management by
1) Asking them to give detailed charge-memo for the reason of suspension
or 2) They will send you inquiry notice and appear before the inquiry and lodge the detailed facts to the inquiry officer to mark this as one of the document on your side
3) The inquiry officer will ask you to cross-examine the management representative or witnesses. You have an opprotunity to cross examine them and regsiter your side of facts.
Considering the above, the suspension is not punitive one.
Regards,
T Muralidaran
95000 92586
From India, Hosur
1) Asking them to give detailed charge-memo for the reason of suspension
or 2) They will send you inquiry notice and appear before the inquiry and lodge the detailed facts to the inquiry officer to mark this as one of the document on your side
3) The inquiry officer will ask you to cross-examine the management representative or witnesses. You have an opprotunity to cross examine them and regsiter your side of facts.
Considering the above, the suspension is not punitive one.
Regards,
T Muralidaran
95000 92586
From India, Hosur
Dear Mr. Ssaxena934,
I am not very clear to your point but earlier in this topic Shri V K Gupta had mentioned that “If authority fails in their exercise, then they have to pay full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid.”
From India, Mumbai
I am not very clear to your point but earlier in this topic Shri V K Gupta had mentioned that “If authority fails in their exercise, then they have to pay full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid.”
From India, Mumbai
Thanks Shri Banarjeeji,
In fact the Honorable High Court did not decide the matter on merits but the matter was disposed off on parity basis at par with other employee’s punishment order in the same matter, on oral consent in the Court but while dictating the order, the wording of the Honorable High Court were different resulting only minor benefit to employee, which could not be corrected in spite of repeated protest by the employee in the Court and in further Appeal. The employee’s lawyer also did not take it seriously but the employee has suffered a lot. It is possible that there would have been some technical error in filling and some more details would have been disclosed in the Court.
As you correctly said that the employee can always complain but where should he complain and you do not see any fraud in this matter but there should be some way out to get justice after the employee has already gone through the High Court and further Appeal in vain.
As regards the evidence the list of evidence is already given earlier and most important evidence is that the Suspension Order Issuing Authority has not supplied the copy of the Alleged Report received by the Issuing Authority on the basis of which he suspended the employee.
Following true copy of the Suspension Order is already given which states that:-
“It has been reported that while working as xxx under xxx you have committed serious irregularities in the matter of xxx.
As the acts of misconduct committed by you are of grave nature, your continuance in the post held by you or the office in which you are working is likely to vitiate the enquiry or to become detrimental to the proceedings or to the interest of the organization.”
Copy of the Report received by Issuing Authority is not supplied to the employee till the date.
Name of the person who has reported is also known.
From India, Mumbai
In fact the Honorable High Court did not decide the matter on merits but the matter was disposed off on parity basis at par with other employee’s punishment order in the same matter, on oral consent in the Court but while dictating the order, the wording of the Honorable High Court were different resulting only minor benefit to employee, which could not be corrected in spite of repeated protest by the employee in the Court and in further Appeal. The employee’s lawyer also did not take it seriously but the employee has suffered a lot. It is possible that there would have been some technical error in filling and some more details would have been disclosed in the Court.
As you correctly said that the employee can always complain but where should he complain and you do not see any fraud in this matter but there should be some way out to get justice after the employee has already gone through the High Court and further Appeal in vain.
As regards the evidence the list of evidence is already given earlier and most important evidence is that the Suspension Order Issuing Authority has not supplied the copy of the Alleged Report received by the Issuing Authority on the basis of which he suspended the employee.
Following true copy of the Suspension Order is already given which states that:-
“It has been reported that while working as xxx under xxx you have committed serious irregularities in the matter of xxx.
As the acts of misconduct committed by you are of grave nature, your continuance in the post held by you or the office in which you are working is likely to vitiate the enquiry or to become detrimental to the proceedings or to the interest of the organization.”
Copy of the Report received by Issuing Authority is not supplied to the employee till the date.
Name of the person who has reported is also known.
From India, Mumbai
When matter is going on, I would like to brief the enquiry procedure and powers of the authorities in simple way.
If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry. Competent authority issues charge sheet alognwith statement of allegations and list of witnesses to the delinquent employee and ask for his reply within specified period. If authority is satisfied with the reply, he can exonerate the delinquent employee from the charges and revoke suspension, if any. If authority finds reply unsatisfactory, he can order for conduction of domestic enquiry and appoint an Enquiry Officer( EO can be from company or from outside) and refer the case to EO for further investigation into the charges. EO acts as a quasi-judicial authority and conducts enquiry in terms of principle of natural justice. Here management as well as delinquent employee can represent their cases themselves or through authorized person. Both have full right to plead their case to the fullest. After completion of enquiry, EO submits his report to the authority. It is further power of the management that they can disagree with the report and can reject.
If report of EO is accepted then management decide punishment while considering the gravity of misconduct and issues Show Cause Notice( this notice is called 2nd Show Cause Notice) while asking reply that you have been found guilty and management decided to inflict punishment upon you. After this reply, management issues final notice of punishment.
It may also be noted, before court, if order is challenged, management through EO have to prove that the enquiry was fair & proper and as per principles of natural justice and if management succeeds in this, then normally courts do not interfere with punishment or modify order of punishment in terms of the gravity of the misconduct.
Awaits views of the worthy members...
Thanks
V K Gupta
From India, Panipat
If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry. Competent authority issues charge sheet alognwith statement of allegations and list of witnesses to the delinquent employee and ask for his reply within specified period. If authority is satisfied with the reply, he can exonerate the delinquent employee from the charges and revoke suspension, if any. If authority finds reply unsatisfactory, he can order for conduction of domestic enquiry and appoint an Enquiry Officer( EO can be from company or from outside) and refer the case to EO for further investigation into the charges. EO acts as a quasi-judicial authority and conducts enquiry in terms of principle of natural justice. Here management as well as delinquent employee can represent their cases themselves or through authorized person. Both have full right to plead their case to the fullest. After completion of enquiry, EO submits his report to the authority. It is further power of the management that they can disagree with the report and can reject.
If report of EO is accepted then management decide punishment while considering the gravity of misconduct and issues Show Cause Notice( this notice is called 2nd Show Cause Notice) while asking reply that you have been found guilty and management decided to inflict punishment upon you. After this reply, management issues final notice of punishment.
It may also be noted, before court, if order is challenged, management through EO have to prove that the enquiry was fair & proper and as per principles of natural justice and if management succeeds in this, then normally courts do not interfere with punishment or modify order of punishment in terms of the gravity of the misconduct.
Awaits views of the worthy members...
Thanks
V K Gupta
From India, Panipat
CORRECTION - PLEASE READ THE LAST SENTANCE AS Name of the person who has reported is also NOT known.
From India, Mumbai
From India, Mumbai
Subject - Re: suspension without any written complaint
Shri V K Guptaji has mentioned that “If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry”.
BUT in this case the authority HAS NOT SUPPLIED THE COPY OF THE REPORT or observations of misconduct/misbehave against an employee to the employee till the date.
HERE the Competent Authority has issued Charge Sheet after 312 Days of Suspension along with statement of allegations WITHOUT ANY LIST OF WITNESSES AND PROPER EVIDENCES.
HERE the Authority conducted the Departmental Enquiry in hurry after 639 Days of Suspension under the influence of mala fide intention of Management and higher authorities against the principle of natural justice, after appointing a Department Enquiry Officer.
HERE, the Show Cause Notice is issued after 754 Days of Suspension.
And the Authority has issued Punishment Order after 816 Days of Suspension.
Matter in which the employee is suspended and Punished is NOT PROVED in the Court of Law.
Authority has entirely exonerated the other employee in the similar action in the same matter.
The Authority has Not supplied the required Report sought through RTI Application.
From India, Mumbai
Shri V K Guptaji has mentioned that “If there is any report or observation of misconduct/misbehave against an employee, authority tries to find out the real truth or correctness of the circumstances/incidence. If circumstances warrant suspension of the employee, authority can order of suspension pending enquiry”.
BUT in this case the authority HAS NOT SUPPLIED THE COPY OF THE REPORT or observations of misconduct/misbehave against an employee to the employee till the date.
HERE the Competent Authority has issued Charge Sheet after 312 Days of Suspension along with statement of allegations WITHOUT ANY LIST OF WITNESSES AND PROPER EVIDENCES.
HERE the Authority conducted the Departmental Enquiry in hurry after 639 Days of Suspension under the influence of mala fide intention of Management and higher authorities against the principle of natural justice, after appointing a Department Enquiry Officer.
HERE, the Show Cause Notice is issued after 754 Days of Suspension.
And the Authority has issued Punishment Order after 816 Days of Suspension.
Matter in which the employee is suspended and Punished is NOT PROVED in the Court of Law.
Authority has entirely exonerated the other employee in the similar action in the same matter.
The Authority has Not supplied the required Report sought through RTI Application.
From India, Mumbai
Ashok
I did not say that fraud did not happen
What I said is that from what you have put in your post, I do not see any fraud.
There may be injustice, malafide intention, refusal to pay the subsistence allowance. But this is not fraud. If the documents have been falsified, that would be fraud. But we do not know what has happened. Your posting of the notice is also with certain xxx. I appreciate you do not wish to give details on the open forum. But then, the information is not enough to give an informed answer. That is my point.
From my point of view, if the high court refused relief, then with the information on hand, I would conclude that the employee was at fault. I am surprised that the judge has not recommended any action for such a long delay. But if the court refuses to act, then there is no other way out for you.
Your initial post says that RTI shows that there was fraud. Your current post says they have not given information in RTI. It shows there is underlying facts and circumstances that can't be discuses or understood in an online forum.
From India, Mumbai
I did not say that fraud did not happen
What I said is that from what you have put in your post, I do not see any fraud.
There may be injustice, malafide intention, refusal to pay the subsistence allowance. But this is not fraud. If the documents have been falsified, that would be fraud. But we do not know what has happened. Your posting of the notice is also with certain xxx. I appreciate you do not wish to give details on the open forum. But then, the information is not enough to give an informed answer. That is my point.
From my point of view, if the high court refused relief, then with the information on hand, I would conclude that the employee was at fault. I am surprised that the judge has not recommended any action for such a long delay. But if the court refuses to act, then there is no other way out for you.
Your initial post says that RTI shows that there was fraud. Your current post says they have not given information in RTI. It shows there is underlying facts and circumstances that can't be discuses or understood in an online forum.
From India, Mumbai
Dear Saswata Banerjee,
Thanks, I got your point. I will prepare the matter in details giving all facts and consequences and it will take time. Presently I am out of station and I will have to collect all documents after I return to Mumbai. I think you are also at Mumbai and we can meet sometime. Please give me your contact details on my E-mail ID. I will be back in Nov. Thereafter I will meet you. In the mean time I will send whatever information available with me.
Thanks and Regards.
Ashok Gupta
From India, Mumbai
Thanks, I got your point. I will prepare the matter in details giving all facts and consequences and it will take time. Presently I am out of station and I will have to collect all documents after I return to Mumbai. I think you are also at Mumbai and we can meet sometime. Please give me your contact details on my E-mail ID. I will be back in Nov. Thereafter I will meet you. In the mean time I will send whatever information available with me.
Thanks and Regards.
Ashok Gupta
From India, Mumbai
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