Saswatabanerjee
Partner - Risk Management
Kritarth Consulting
Spl Educators Posh Programs
Akatrap
Payroll, Domestic Inquiry, Administration,
HEGELER
Manager Sanmar Speciality Chemicals
Ssaxena934
Dy Hr Manager In Apollo Hospital
+8 Others

Thread Started by #ssaxena934

Dear all, Kindly share you views, can a manager can be issued a chargesheet and placed under suspension on the basis of a verbal complaint of a fourth class contract employee. Please guide. SANJAY
3rd October 2013 From India, Ghaziabad
Dear Sanjay, With ref to your query without a written complaint or without any enquiry you can’nt suspend or charge sheet to any employee.
3rd October 2013 From India, Delhi
Dear Sanjay,
With out any written complaint a charge sheet should not be issued & copy of the coplaint should be attached to the charge sheet. Pl write at letter asking for the complaint & obtain acknowledgement. If they have not issued the copy of the complaint even after the request then this point can be raised in the domestic enquiry and enquiry and ensure that it is mentioned in the enquiry proceedings. With out a complaint this entire episode is going to be a cooked one with vested interests and the enquiry if organized going to be vitiated.
Regards - kamesh
3rd October 2013 From India, Hyderabad
Dear Mr.Sharma, Enquiry is followed by charge sheet / suspension hence complaint is required for chargesheeting an employee. Regards - kamesh
3rd October 2013 From India, Hyderabad
Dear Sanjay,

General principle is that suspension of an employee is not concerned with verbal or written complaint. Even Charge sheet is also not concerned with verbal or written complaint. It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and there after 75% salary will be paid to you. Charge sheet is to be issued by the authority (whether complaint is in writing or verbal or it may be of his own observations) and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.

Thanks

V K Gupta
3rd October 2013 From India, Panipat
Dear Seniors
If the charge sheet is issued without the sanction of law
Then what will happen about the charge sheet.
In my case charge sheet was issued but there was no such clause in my appointment letter.
They issued the charge sheet under Model Standing order but my service is not governed by that statute.
Please Guide me properly.
Thanks
3rd October 2013 From India, Calcutta
I don't understand why members post queries with vague and incomplete information and how do they expect proper response. Both the original query and the new one added to it is incomplete and does not provide details of the circumstances and other vital information.
To all those who insist that a written complain is required to make it valid, please tell me what happens if the employee is illiterate ? Will an illiterate employee not have a recourse ? Absence of a written complain negates the wrong doing ? If complete details of the complain and the incident is provided in the charge sheet which is given to the manager, does that not suffice ?
About the original post, why is there an emphasis on the complainant being a class 4 contract employee ? Are you against a manager being suspended on complaint of a class 4 employee (sweeper, Poen, etc) oe that he complain is from a contract worker ?
4th October 2013 From India, Mumbai
Which appointment letter have you seen that States that you can be issued a charge sheet ?does any company put such a thing in the appointment letter ?
They have issued a charge sheet, you claim that it does not have the sanction of law. In what way ? Are you saying that company has not followed the correct procedure or that they are not allowed to issue you a charge sheet ? If they are not required to issue a charge sheet, then they can simply terminate you without a charge sheet right ?
Also tell me why you think the standing orders do not apply

4th October 2013 From India, Mumbai
Dear Banarjeeji,
Even if the complainant is illiterate then also it is Management responsiblity to take it in writing, take compainant thumb impression on it. It should be authonticated by 2 witnesses, in whose presence the complaint is narrated and written.
Suspending employee on oral complaint may not sustained in Domestic Enquiry. Before conducting Domestic Enquiry, the Management must put all evidence in order, otherwise charges are liable to be sqashed.
Lookikng forward for your opinion.
Regards,
Avinash K.
4th October 2013 From India, Mumbai
Dear Avinash,

Pls go through my reply above. I again reiterate that it is the prerogative of the authority/management on which fact/complaint they rely and in which form (verbal or written) to be accepted and it is their duty to prove the charge so contained in the Charge Sheet. Complainant can deviate from his original verbal statement or can go in your favour lateron? It is upon you to negate and prove that the complaint and subsequent charge sheet is wrong. For explanation purpose, I accept your version of written complaint as correct, then let me know would you accept the complaint as correct and say that charge is correct. If not, then what makes difference in written or verbal complaint?

Further more, if any body finds that charge sheet is on the basis of verbal complaint and is not satisfied with his suspension, then he is free to move court of law to challenge his suspension as management/authority order of suspension can be challenged in court.

Further to place all evidence on file is also duty of the management to prove their contentions and we have not to teach others about their duties but we at forum supposed to guide members. I may add that management also thinks twice before suspending an employee because they have to pay him without any fruitful output and to face litigation and expenditure.

Discussion & explanation on your question is long enough and request you to under stand the jurisdiction of each authority and we can not interfere with the jurisdiction of higher authorities except to challenge.

Eager to reply your further query........

Thanks

V K Gupta
4th October 2013 From India, Panipat
Again, I ask : does it matter if the complaint is oral or writing or even if the management takes a suo moto cognisance of any incident or misconduct ? So long as the details are provided in the charge sheet, it should meet the needs of natural justice.
Tell me, if the sweeper did not complain, but a senior director saw it and asked the plant head to suspend the manager and file a charge sheet, what is the position ? The director can not issue a charge sheet because the sweeper did not bother to make a written complain ?
I had 2 other queries in my post to which I have not got an answer ....

4th October 2013 From India, Mumbai
Respected Shri V K Gupta ji,

I fully agree with your statement that “It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid to you. Charge sheet is to be issued by the authority and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.”

But in case “ The Authority does not give specific reason as stated in their suspension order and does not reply to any of the letters of the employee for about one year before issuing the Charge sheet and also do not pay 75% salary after 90 days and full salary after 180 days with all consequential benefits for 2 ½ year to the employee before disposing off the suspension matter after conducting vague and biased departmental enquiry in hurry without producing proper evidences and witnesses, which amounts to a fraud on the part of Authority against the employee” – what should the employee do even if he does not get justice from the court?

Ashok Gupta
5th October 2013 From India, Mumbai
I am not too familiar with this subject, but will an employee actually wait 2.5 years on suspension ? Would he not look for an job ? Do people actually sit at home for that long ? Of course he is getting full salary.

5th October 2013 From India, Mumbai
Mr Banerjee's comments seems to be most sensible. A member has put a query without giving any background of the case.
We, readers are totally confused about what discussion is going on. Request for clarity, with example, atleast while opening the post to understand better.
5th October 2013 From India, Mumbai
I too agree with Abhay Bandekar, we all give our opinions on the situation that is not 100% clear. We all give our opinion understanding the situation in our own way. Anyway V.K. Guptaji, this forum is open for all to express their opinion. No one can say enough or long discussion etc. If you are not agree or not interested then, you can chose not to express your opinion or you can express it in proper way. I Hope you will learn how to express the opinion in open forum.
Regards,
Avinash K.
5th October 2013 From India, Mumbai
Thanks Shri Banarjeeji and Shri Abhaybandekarji,

As per your quarry, I have to inform that the matter is very much clear here that the suspended employee received the suspension order from the authority on the basis of some unknown person’s report in some departmental matter. The copy of that report is not supplied to the employee till the date, though the employee has been harshly punished. Even the authority has not supplied that report when the employee sought it through RTI application after receiving punishment. The employee was kept under suspension for about 2 ½ years without his receiving the 75% salary after 90 days and full salary after 180 days and all other consequential benefits as mentioned above by Shri V K Gupta ji.

Here, there is no question of the employee to wait for 2.5 years on suspension and sit at home for that long or looking for another job.

The question is that - what should the employee do even if he does not get justice from the court? Can he make a fraud case against the authority, if yes, under which section?

Thanks and Regards.
5th October 2013 From India, Mumbai
If the courts have already decided against him then there is no recourse.
The court must have taken a decision based on the details of the matter that was put before the court and the lawyer of the suspended employee must have had an opportunity to put forward the absence of natural justice. If the court has decided that the company is right in suspending and terminating the employee, then that is the end of the matter unless you wish to go in appeal.
the employee used RTI to get a copy ?
So this is a government department or a PSU ?

5th October 2013 From India, Mumbai
Thanks Shri Banarjeeji,
It is a PSU and RTI is used after the court matter was over because the court did not decide the matter on merits and disposed it the other way and even the employee did not get justice after appeal due to some lapse on the part of lawyer of the suspended employee.
Hence the employee has no other way but to make a fraud case. And in this matter fraud is absolutely clear having many evidences on record against the authority.
So kindly advice - can the employee make fraud case against the authority or not to get justice?
I feel there is no time limit for filling the fraud case.
Thanks and Regards.
5th October 2013 From India, Mumbai
this is getting into an area that is not of my expertise.
From the best of my knowledge, the case would be time barred after 3 years except in case where evidence was suppressed from the concerned petitioner, which is probably not the case here.
If the lawyer was incompetent, then i guess he does not have much option. If the lawyer deliberately did not fight it properly, then he has a grevience that he can approach the court with . Also he can appeal to the higher court (unless the time for appeal is over).
Whether filing a case for fraud will work depends on the evidence and the manner in which it was done. I can not comment on it with the little information we have with us at this time. You need to speak to a good lawyer. but then again, you need money to fight such a case as it will drag for a long time.

5th October 2013 From India, Mumbai
Dear Seniors
We are here to find out some solutions of any specific problem
In my case company X issued the charge sheet on the basis of Model Standing Orders.
But in my appointment letter there was no such clause under which they can issue charge sheet.
Even the company dont have any service rule.
But when I challenged before the Shops and Establishment,govt of west bengal, company X produced a back dated circular claiming that they have charge sheeted me with the help of this circular which was rightly rejected by the Shops & establishment authority govt of west bengal.
Now again the company X have produced the same documents before the honurable High Court - Kolkata which is under process
Valued opinion is solicited as to how to proceed in the matter and achieve results.
5th October 2013 From India, Calcutta
Dear Avinash,
I refer to your views "Anyway V.K. Guptaji, this forum is open for all to express their opinion. No one can say enough or long discussion etc. If you are not agree or not interested then, you can chose not to express your opinion or you can express it in proper way. I Hope you will learn how to express the opinion in open forum."
First of all I regret to hurt your feelings. I understand you have taken my views otherwise. My aim was to inform you that 'Powers vested in the authority is vast' and I can write long topic on this and my aim was not other than this.
As for my learning from you is concerned, henceforth I will not point out you on any point.
Thanks
V K Gupta
5th October 2013 From India, Panipat
Dear Nabolbona,
From your above reply, it is not clear which matter is pending before the Hon'ble High Court (i) pertaining to your charge sheet or (ii) pertaining to rejection order of the Shops & establishment authority govt of West Bengal.
Thanks
V K Gupta
5th October 2013 From India, Panipat
A complaint whether written or oral has to be investigated by the competent authority to ascertain its veracity. Then the authority on whom power is vested to initiate departmental action needs to apply his mind whether there exists a preponderance of probabilities to go ahead with the departmental proceedings. Then a final decision to be taken either to suspend the employee or not. Based on the complaint, if the departmental proceedings is proceeded with (by or after placing the employee under suspension or not) it is the onus of the Management to prove the charges. During the enquiry process the complaint can be brought on record by means of the deposition by the author of the complaint if the complaint was given in writing or by the personal appearance of the person who has given verbal complaint in the enquiry. Such depositions / evidences will be cross examined. On the basis of evidentiary value of such documents or depositions the inquiring authority will submit his findings to the Disciplinary Authority who thereafter will take a decision regarding imposition of punishment, treatment of suspension period and/or the disposal of the chargesheet. It is purely the application of mind as well as prerogative of the disciplinary authority to get a complaint in writing or not.

M J P DEVADOSS
6th October 2013 From India, Madurai
Dear follower,

Many learned followers have replied to your query at length. What Mr. VK Gupta has written is most appropriate and justified. I too agree that :-

1. In no appointment letter clause of chargesheet/suspension is mentioned.

2. Since you have said it is a case with the Manager, then the Manager should know by what rules his services are guided. If he himself is ignorant, how can he guide others.

3. The Accused employee(AW) cannot challenge the Authority, he can simply face the inquiry and prove him not guilty. I have discussed the method of departmental inquiry earlier. First it is the Mgt. Reptv.(MR), who is to prove the accused employee guilty. Co-worker and AW shall cross examine the witness and documents submitted by MR. If MR passes his test, it is for the AW and CW to prove the AW not guilty.

4. Before issue of Charge sheet or suspension order, it is prerogative of Authority to inquire or rely upon the complaint made irrespective of the fact who has made it, provided he is satisfied with the reliability of the complaint made.

5. The AW can move to the Court, against the Charge sheet or suspension order and seek relief from there as per the Order of Hon'ble Court.

Here what I feel that the Manager is aggrieved not with the CS/Suspension Order but with the fact that a fourth grade employee has made the complaint and he has been accused.

AK Jain

HR Personnel

NCL, CIL
6th October 2013 From India, Jabalpur
Dear followers
While taking any action against an employee company X must aware about the pros and cons of the laws guided in the appointment letter.
Appointment letter must contain the term of service will be governed by such and such act, which will be accepted by the employee before joining the organisation.
In the absence of such conditions the charge sheet will have no sanction of law.
7th October 2013 From India, Calcutta
Dear Sanjay

Your Query dated 3-10-13 is as under:

Query: " Kindly share you views, can a manager can be issued a charge-sheet and placed under suspension on the basis of a verbal complaint of a fourth class contract employee."

Position: A Charge-Sheet or an Explanation Letter can be issues to any Employee on the Muster Roll of the Establishment. The Charge -Sheet or Letter for Explanation is a Sheet of Paper on which the Charges of Misconduct / Indiscipline is to be clearly mentioned / Typed / Hand-written specifying the Date, Time , Place of alleged occurrence and the occurrence itself, sufficiently precisely and definitely. The Charge -Sheet or E Letter also must contain How & Why the said Act of Misconduct is punishable and by What time-period the Reply or Explanation should be submitted to the Issuing Authority.

An Employee can be Suspended-Pending Enquiry in case the alleged Charge is of grave & serious nature requiring removal of the Charge-Sheeted Employee from the premises of the Establishment lest s/he might interfere with Witnesses or Documentary Evidence.

When S-P-E is called for, the Letter issued to the to-be-suspended Employee must follow the issue of C-S or E L first and a reference / mention made in S P E Letter.

The Complainant can be any person irrespective of his/her Status or Designation or Classification.

Further, in case of a Verbal Complaint a Preliminary Enquiry ( Fact finding) should be immediately conducted on receipt of the Verbal Complaint to ascertain , prima facies

whether a Case exist to frame a CS or E L and issue it.

In fact, Preliminary Enquiry should be conducted even when there is neither a Verbal or Written Complaint lodged but the Manager has come to know about an Act of Misconduct

committed.

For Guidance

For Kritarth Consulting Pvt Ltd

Harsh K Sharan



91 9560 453 756

8-10-13
8th October 2013 From India, Delhi
Respected Shri Harsh K Sharan,
For Kritarth Consulting Pvt Ltd
The guidelines given by you are really very appreciable and useful. However I wish to request you to kindly guide if the Authority issues Order of Suspension to an Employee without issuing any kind of Letter for Explanation or Charge-Sheet and without giving him any Documentary Evidence or any Witnesses against the Suspended Employee and keep silent for about a year before issuing Charge-Sheet and get punished after about 2 ½ year, what should the Suspended employee do for justice if he is not guilty?
Ashok Gupta

8th October 2013 From India, Mumbai
Hi

Interesting to note the divergent views on issues surrounding suspension.In my understanding,the act of suspension is the discretion of the Line Manager/HOD basing on the reports or allegations raised against an alleged offender.Suspension is normally done on gross offenses which are likely to result in dismissal or for the sake of investigation into an allegation of which the presence of the accused on the company premises may jeopardize the investigations or usually in cases that pose financial prejudice to the company.Most companies have a clearly laid out procedure usually recorded in the company's code of conduct of the conditions where suspension may be used.The code usually states the conditions on where suspension may be applied with or without salary and benefits.My first suggestion to you would be to go over your code of conduct and understand what it states in relation to your case.

Suspension in itself is not concerned about the source of the report whether it be a contract,casual or domestic employee.It is simply an isolation of the accused from the workplace to carry out investigations and it may be issued for only a specified period and not indefinitely.Since under civil law, the burden of proof lies with the line Manager to prove really that there is a case against the accused and it is during suspension that these facts are gathered without interference.Failure to prove or gather facts in this period means that when the suspension lapses ,the individual may automatically return to work.

According to principles of natural justice, you as the accused have to be fully aware of the facts surrounding your suspension and the facts clearly laid out in the letter.The letter should also state the validity of the suspension.

I hope I have contributed in a manner that may add value to your situation

Rgds

Leslie
9th October 2013 From Zimbabwe
Dear Ashok
Letter of Suspension must have the Reference of the Charge-Sheet or Letter of Explanation
The S L must record the grave act of misconduct for which the Issuing Authority decided
to suspend -the Employee-pending Enquiry. During the period of Suspension, the Suspended Employee
is paid Subsistence Allowance for the whole period of suspension calculated at different rates.
More shocking is the info that action was actually taken after 2 years. Either the Management paid the S Allowance or did not pay any S A?
Concerned Employee has option to move the Judiciary ( Labor Court if a Worker) and seek redressal on the ground that the Long S Period was due to mala fide intention of Management.
Kritarth Consulting
10-10-13
--
10th October 2013 From India, Delhi
To,

Kritarth Consulting Pvt Ltd and Leslie Fungai

Dear Sir,

Thanks, Kritarth Consulting Pvt Ltd and Leslie Fungai, for your valuable guidelines.

As required, following are the contents of the Letter of Suspension: -

“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.

Under the circumstances I, the undersigned, being the competent authority as per xxx Employees’ Service Regulations, hereby order your suspension with immediate effect until further orders, pending further proceedings and final orders in the matter.

During the period of suspension you are eligible for subsistence allowance as per xxx rules.

You are directed to report for attendance during suspension on every Monday at 11.00 AM to xxx. In case Monday happens to be a Holiday, you should report on the immediately following working day.

During the period of your suspension you should not leave the Head Quarters without prior permission of xxx.”

In the above Order of Suspension no Reference of the Charge-Sheet or Letter of Explanation is given. The details of the grave act of misconduct are also not recorded in the Suspension Order, for which the Issuing Authority decided to suspend -the Employee-pending Enquiry.

During the entire Suspension period of 816 days, he is paid only 50% Subsistence Allowance and he is not paid 75% salary after 90 days and full salary after 180 days with all other consequential benefits.

Concerned Employee had gone to the High Court but the Court did not decide the matter on merits and disposed off the mater other way and awarded minor benefit only and the employee did not get justice after appeal also and now he has only option to make a Fraud case because here the Fraud is absolutely clear having many evidences on record against the authority as under: -

i. Copy of the Alleged Report received by Issuing Authority on the basis of which he suspended the employee is not supplied to him till the date.

ii. FIR lodged for alleged Matter does not show any evidence against him.

iii. A Letter submitted in respect of the said Matter does not show any evidence against him.

iv. No Letter for Explanation is issued to him before issuing Order of Suspension.

v. No Evidence is produces against him for issuing Order of Suspension.

vi. No Witness is produces against him for issuing Order of Suspension.

vii. No reply is given to his 9 (Nine) Grievance Letters till the date.

viii. Chargesheet is issued to him after 312 Days of Suspension.

ix. Departmental Enquiry is conducted in hurry after 639 Days of Suspension.

x. Departmental Enquiry is conducted under the influence of mala fide intention of Management and higher authorities.

xi. Show Cause Notice is issued to him after 754 Days of Suspension.

xii. Punishment Order is issued to him after 816 Days of Suspension.

xiii. Other employee has been entirely exonerated in the same matter and similar action.

xiv. Alleged Matter is NOT Proved in the Honorable Court of Law.

xv. No proper documents are supplied against his RTI Application by management.

So kindly advice - can the employee make Fraud case against the Authority or not to get justice on the ground of all above evidences and the Long Suspension Period that was due to mala fide intention of Management. And there is no time limit for filling the fraud case.

Your valuable guidance in the matter would be highly appreciated and helpful to him for his taking further action in the matter. Is it possible for him to make a Fraud case against the authority?

Ashok Gupta


11th October 2013 From India, Mumbai
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
11th October 2013 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
11th October 2013 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
11th October 2013 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.”
11th October 2013 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.
11th October 2013 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
11th October 2013 From India, Panipat
CORRECTION - PLEASE READ THE LAST SENTANCE AS Name of the person who has reported is also NOT known.
11th October 2013 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.
11th October 2013 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.


11th October 2013 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

13th October 2013 From India, Mumbai
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