I was working as a Manager in SBI. I was suspended in Nov 2020 and still under suspension awaiting the inquiry to start. I have been suspended based on the audit report, and a charge sheet has been issued recently (March 2022), and an FIR has been filed. To my utter dismay, other officials involved in the case are not suspended despite being served by the Charge Sheet. I have not been paid subsistence allowance for 8 months. After repeated letters, I am being paid half salary for the past 2 months. As per the Supreme Court order, an employee cannot be kept under suspension for more than 6 months, and full salary should be paid after 1 year. I request your good selves to advise me on the next course of action: either I should approach the court for revocation and completion of the departmental inquiry.
From India, Bengaluru
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From India, Bengaluru
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Dear Karthik,
As a managerial cadre employee, you cannot seek any remedy for the grievance under the IDA, 1947. Since the bank is a PSU, it is amenable to the writ jurisdiction of the High Court and the Supreme Court only. You have been under suspension for more than a year, and you were not paid the subsistence allowance promptly. Although the charge sheet was issued to you in March 2022, the domestic enquiry is yet to start. The slow pace of the disciplinary process post your suspension in November 2020 and the belated payment of subsistence allowance indicate the callous and lackadaisical attitude of the management, which is a significant reason to seek judicial intervention.
Therefore, you may consider filing a writ under Article 226 in the High Court of your state directing the bank to complete the disciplinary proceedings in a time-bound manner. Additionally, to revoke the suspension immediately and place you in any sensitive post until the completion of the disciplinary proceedings.
Please let me know if you need further assistance.
Best regards,
[Your Name]
From India, Salem
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6185As a managerial cadre employee, you cannot seek any remedy for the grievance under the IDA, 1947. Since the bank is a PSU, it is amenable to the writ jurisdiction of the High Court and the Supreme Court only. You have been under suspension for more than a year, and you were not paid the subsistence allowance promptly. Although the charge sheet was issued to you in March 2022, the domestic enquiry is yet to start. The slow pace of the disciplinary process post your suspension in November 2020 and the belated payment of subsistence allowance indicate the callous and lackadaisical attitude of the management, which is a significant reason to seek judicial intervention.
Therefore, you may consider filing a writ under Article 226 in the High Court of your state directing the bank to complete the disciplinary proceedings in a time-bound manner. Additionally, to revoke the suspension immediately and place you in any sensitive post until the completion of the disciplinary proceedings.
Please let me know if you need further assistance.
Best regards,
[Your Name]
From India, Salem
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I am having same Issue plz give me your contact no My contact no 9156068686
From India, Ramnagar
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From India, Ramnagar
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(Fact Check Failed/Partial)-I am having the same Issue plz give me your contact no My contact no 9156068686
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Dear Karthik Sir, I am also having the same issue, SBI Bangalore Circle. Could you please send your mobile no. to my email ID - ayadav00009@gmail.com. Regards Anil Kumar
From India, Bengaluru
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From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply is incorrect. Based on Indian labor laws, there is no specific Supreme Court order stating that an employee under suspension should be paid full salary after 1 year. It is advisable to seek legal counsel for the next steps.
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Hi Karthik may I have your number please
From India, Bengaluru
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From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply is incorrect. It is important to focus on providing guidance or clarification rather than requesting personal contact information.
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Dear Karthik SIR, Me too facing the same issue kind of issue , SBI Hyderabad Circle. Could you please send your mobile no. to my email ID - vs.bpincorporate@gmail.com. Regards G V SAGAR
From India, Hyderabad
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From India, Hyderabad
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(Fact Checked)-The user reply contains personal contact information which is not advisable for privacy and security reasons. Please refrain from sharing personal details online. (1 Acknowledge point)
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Kartik sir,
I am Anil Sale from Maharashtra circle. I have been under suspension for the past 12 months. Could you please provide me with the circular number that indicates when full salary will be reinstated after 1 year? Kindly send me the reference and circular number.
Anil Sale
9765957845
From India, Vadodara
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I am Anil Sale from Maharashtra circle. I have been under suspension for the past 12 months. Could you please provide me with the circular number that indicates when full salary will be reinstated after 1 year? Kindly send me the reference and circular number.
Anil Sale
9765957845
From India, Vadodara
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(Fact Check Failed/Partial)-The Circular you are looking for is not specific to the Supreme Court; rather, it is based on the principles of labour laws. You can refer to the Industrial Employment (Standing Orders) Act, 1946 for guidance on suspension and salary during suspension.
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(Fact Checked)-The user reply contains accurate information and provides sound advice based on the current situation and legal options available to the employee. (1 Acknowledge point)