Dear Sir or Madam,
My friend has been working for a bank for the past 12 years. He received a suspension order and a show cause notice citing alleged gross violations on the same day. The reply to the show cause notice must be given within 10 days of receiving it.
It has now been 45 days since he was placed under suspension. The question arises whether the bank can suspend him before issuing the show cause notice. Additionally, he needs to respond properly to the allegations outlined in the show cause notice. He has housing, car, and other loans with the bank, and he is concerned about how the bank will recover these loans if he is terminated from service.
Furthermore, he is uncertain whether the bank will mention the suspension issue in his experience certificate. He wants to know what legal options are available to him in this situation.
Thank you.
From India, Vadodara
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My friend has been working for a bank for the past 12 years. He received a suspension order and a show cause notice citing alleged gross violations on the same day. The reply to the show cause notice must be given within 10 days of receiving it.
It has now been 45 days since he was placed under suspension. The question arises whether the bank can suspend him before issuing the show cause notice. Additionally, he needs to respond properly to the allegations outlined in the show cause notice. He has housing, car, and other loans with the bank, and he is concerned about how the bank will recover these loans if he is terminated from service.
Furthermore, he is uncertain whether the bank will mention the suspension issue in his experience certificate. He wants to know what legal options are available to him in this situation.
Thank you.
From India, Vadodara
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The employer can place his employee under suspension by way of punishment or in view of charges of certain misconduct either contemplated or pending enquiry if so provided for in the standing orders/service regulations or the contract of employment as the case may be.
Suspension by way of punishment is called punitive suspension, and as such, the employee is not entitled to any subsistence allowance or salary, and the period would not be counted for continuity of service, though the contract of employment remains intact. However, the maximum number of days of punitive suspension is limited by the provisions of the standing orders/service regulations or the contract of employment.
The second type of suspension, which is called suspension pending enquiry, is generally resorted to when some serious misconducts are noticed on the part of the employee and an enquiry in this regard is contemplated or in progress. Immediate reply by the employee to the show cause notice cannot be a bar on the right of the employer to place the employee under suspension. The employer can keep the employee under suspension till the final orders are passed in the disciplinary proceedings. However, certain restrictions are imposed on the employer in this regard. The employer has to pay subsistence allowance for the entire period of suspension subject to the conditions stipulated under the standing orders/service regulations or the contract of employment.
Even if the standing orders/service regulations or the contract of employment are silent about suspension of an employee, still the employer has the power to suspend, for it is an inherent power with the power to employ such an employee. However, he has to pay him normal salary/wages as long as the suspension continues. This is the legal position of suspension of an employee by his employer.
The poster seems to have come to the hasty conclusion that the employee would be terminated at any cost while his post is silent about the subsequent events following the suspension of the employee. Better the poster should answer the following questions:
1) Whether any domestic/departmental enquiry was ordered?
2) Whether any subsistence allowance was periodically paid?
From India, Salem
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6185Suspension by way of punishment is called punitive suspension, and as such, the employee is not entitled to any subsistence allowance or salary, and the period would not be counted for continuity of service, though the contract of employment remains intact. However, the maximum number of days of punitive suspension is limited by the provisions of the standing orders/service regulations or the contract of employment.
The second type of suspension, which is called suspension pending enquiry, is generally resorted to when some serious misconducts are noticed on the part of the employee and an enquiry in this regard is contemplated or in progress. Immediate reply by the employee to the show cause notice cannot be a bar on the right of the employer to place the employee under suspension. The employer can keep the employee under suspension till the final orders are passed in the disciplinary proceedings. However, certain restrictions are imposed on the employer in this regard. The employer has to pay subsistence allowance for the entire period of suspension subject to the conditions stipulated under the standing orders/service regulations or the contract of employment.
Even if the standing orders/service regulations or the contract of employment are silent about suspension of an employee, still the employer has the power to suspend, for it is an inherent power with the power to employ such an employee. However, he has to pay him normal salary/wages as long as the suspension continues. This is the legal position of suspension of an employee by his employer.
The poster seems to have come to the hasty conclusion that the employee would be terminated at any cost while his post is silent about the subsequent events following the suspension of the employee. Better the poster should answer the following questions:
1) Whether any domestic/departmental enquiry was ordered?
2) Whether any subsistence allowance was periodically paid?
From India, Salem
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Yes departmental enquiry ordered and subsistence allowance also paying to him
From India, Vadodara
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From India, Vadodara
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In that case, your friend has no option other than awaiting the enquiry findings and the final orders to be passed.
From India, Salem
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From India, Salem
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People can be placed under immediate suspension or kept away from the job, where the nature of the complaint is grievous. Your friend is working in a bank; his allegation might be fraudulent or involve cash embezzlement. Advise your friend to prepare himself on how to defend his case as per the show cause notice for alleged misconduct. He can seek help from an advocate or consultant who specializes in this type of matter for assistance. Mr. Umakanthan has provided a beautiful narration regarding your query to help understand the situation as a whole.
From India, Mumbai
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From India, Mumbai
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TV Reality Show.doc
SHOW CAUSE NOTICE.pdf
Air Show.pps