As an Employer, Maximum How many days can we suspend any worker for Misconduct at Workplace without any domestic Inquiry??
From India, Vadodara
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6From India, Vadodara
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No punishment, much less suspension, can be ordered without a domestic inquiry unless the charges are unequivocally admitted by the delinquent employee. The maximum duration of punitive suspension under model standing orders is four days.
From India, Salem
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From India, Salem
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In answering the query, among others, someone has mentioned that subsistence allowance paid to a delinquent employee who is being dismissed post enquiry could be adjusted against his terminal dues. If the enquiry was concluded with a punishment, the employee shall not, in any event, be liable to refund or forfeit any part of the subsistence allowance admissible to him/her.
Panchsen P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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Panchsen P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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Suspension is not a punishment. Practically, when the presence of the delinquent employee is not desirable during an investigation or inquiry, the employer suspends the delinquent employee, and it is not considered a 'punishment.' Whether the employer conducts a formal domestic inquiry or not is another aspect. However, without proceeding further, i.e., conducting a domestic inquiry, suspension is not advisable.
In any event, suspension should not exceed 90 days; otherwise, full salary would be payable. During the initial 90-day period, a subsistence allowance as per the standing orders applicable to the industry will have to be paid.
From India, Faridabad
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In any event, suspension should not exceed 90 days; otherwise, full salary would be payable. During the initial 90-day period, a subsistence allowance as per the standing orders applicable to the industry will have to be paid.
From India, Faridabad
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There is no prescribed time limit, nor can there be. However, the Principle of Natural Justice must be maintained. Undue delay on the part of the Employer is likely to be challenged and can go against the employer as mala fide action or victimization. Additionally, beyond 90/120 days of suspension pending inquiry, the subsistence allowance will be 75%.
Regards,
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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Regards,
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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From the query, it is not clear as to whether it is suspension as a punishment or suspension pending inquiry that is contemplated. The position regarding suspension as a punishment is that you have to strictly follow the applicable Standing Orders or Service Rules, as the case may be, on the duration of such suspension. In the case of suspension pending a departmental inquiry, though there is no outer limit prescribed in law, it has to be reasonable. Supreme Court guidelines stipulate that all cases of suspension have to be reviewed periodically (at least once every six months) as to the desirability of prolonging it further.
The stage of the proceedings is also not very clear as to whether a charge sheet has been issued or not, and if issued, the response thereof. At any rate, it can be safely concluded that there cannot be an indefinite suspension, and the delay in concluding the proceedings would be hard to defend if challenged in court.
From India, Mumbai
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The stage of the proceedings is also not very clear as to whether a charge sheet has been issued or not, and if issued, the response thereof. At any rate, it can be safely concluded that there cannot be an indefinite suspension, and the delay in concluding the proceedings would be hard to defend if challenged in court.
From India, Mumbai
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A suspension order inflicts stigma and spoils the suspended officer's reputation in society at large. If it has been proved that the suspension was malicious, the authority who has taken such malicious action must compensate for the social damages to the suspended official for an amount not less than Rs. 10 Crores with an interest of a minimum of 18% p.a., from the date of suspension. Alternatively, the amount should be recovered from such an errant authority as land revenue by the Government and paid to the suspended official - G. Krishnaraj.
Email: gkr20071959@gmail.com
From India, Mumbai
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Email: gkr20071959@gmail.com
From India, Mumbai
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Dear GKR20,
Suspension pending enquiry is an administrative action by the Disciplinary Authority empowered by the Service Regulations or Standing Orders of the organization. Not all charges of misconduct would warrant suspension pending enquiry but only those of very grave charges which would require the temporary removal of the delinquent from the post held by him that can give him the positional advantage of tampering with the records or influencing the witnesses. That's why it is expected that while suspending an employee pending enquiry, the concerned authority should have a proper application of his mind to the nature of the charges leveled. Normally, if the charges are not proved to the hilt or beyond any reasonable doubt, of course, the employee is going to be reinstated with all the attendant benefits after dropping of the charges and revocation of the suspension.
Imputation of malice on the part of the Disciplinary Authority is not possible in all disciplinary cases which end up in favor of the delinquent employee except in rare among the rarest cases like that of former ISRO scientist Mr. Nambi Narayanan, that too at the intervention of the Apex Court ordering the Government to pay compensation. Therefore, it would enlighten us if you quote the authority to make the erring authority liable to pay compensation to the scale you mentioned and recovery thereof in case of default.
From India, Salem
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Suspension pending enquiry is an administrative action by the Disciplinary Authority empowered by the Service Regulations or Standing Orders of the organization. Not all charges of misconduct would warrant suspension pending enquiry but only those of very grave charges which would require the temporary removal of the delinquent from the post held by him that can give him the positional advantage of tampering with the records or influencing the witnesses. That's why it is expected that while suspending an employee pending enquiry, the concerned authority should have a proper application of his mind to the nature of the charges leveled. Normally, if the charges are not proved to the hilt or beyond any reasonable doubt, of course, the employee is going to be reinstated with all the attendant benefits after dropping of the charges and revocation of the suspension.
Imputation of malice on the part of the Disciplinary Authority is not possible in all disciplinary cases which end up in favor of the delinquent employee except in rare among the rarest cases like that of former ISRO scientist Mr. Nambi Narayanan, that too at the intervention of the Apex Court ordering the Government to pay compensation. Therefore, it would enlighten us if you quote the authority to make the erring authority liable to pay compensation to the scale you mentioned and recovery thereof in case of default.
From India, Salem
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