Heena Shaikh Started The Discussion:
Dear all please give your expert reaply on the issue .
Mr.X is woring in MNC, suspended since more than 90 days and recives no charge sheet or memo or chowcause notiice. Type of suspention is administrative/preventive and this is clearly mention in the suspension letter.Please help me to know
Is suspension is vitiate?
Does suspension order dies a natural death if no chargesheet is given even after 100days?
What if company HR gives charge sheet after 100 days?
Should Mr. X reaply to charge sheet or not, in case it is given after 100 days ?
Please help Mr.X...........................................sen d your reply
If we follow the principles of natural justice an employee suspended from service pending enquiry is expected to be served charge sheet within a reasonable time. But at the same time, an employee who had committed a mistake or misconduct year before shall be charge sheeted even long after such misconduct. However, in your case the employee has been placed under suspension. If so, he is entitled to get subsistence allowance at the rate of 50% of salary for the first 90 days of suspension. Though there are separate state Acts and Industrial Establishments (Standing Orders) Act which govern payment of Subsistence Allowances, many state Acts provides for 75% of salary for the period of suspension which is extended beyond 90 days and payment of full salary for any day of suspension beyond 180 days of suspension.
Therefore, strictly speaking, issuance of charge sheet and conduct of enquiry are the head ache of the management and not the employee. Certainly, if the suspended employee is not paid any subsistence wages, then it becomes yet another industrial dispute which will act against the employer.
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