Boss2966
Industrial Relations
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Hotgautam
Hr Manager
+1 Other

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I am female employee Working in PSU company. Was transferred once and on request was sent back to my original place of posting, where my family resides. Then again within a period of one year I was issued a transfer order. Since I was not able to carry on the tranfer I had made several representation, which my managment did not acceed my request and were rigid that I should join my new place of posting soon, whereas few employees request were considered and their transfers were kept at abeyance. everynow and then I was receving mails to join or strong action will be taken. Since I had no option I filed a petition in court against which the hearing is still pending. But now my company has issued a suspension order under CDA Rules Clause 1, schedule II of rule 3j. calling for strict disciplinary action. My punching has been disabled.

My query is whether a company can suspend a employee without any disciplinary proceedings and disable his punching.

Please seek your guidance.

thanks
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What is our company policy on home town/request postings?
Normally when transfers are given,employee has to move and no court will give relief unless the employee can prove malafide intention in posting.
Transfers are a part and parcel of any employment.
Has the court given a stay order on your transfer?
The company can suspend an employee and then conduct disciplinary proceedings.
thanks sir,
But as per the company policy a person gets transferred every three year. In my case I was issued within one year of completion. It was a ego problem between the seniors whom I was reporting as the one was in favour of my transfer and the another against it. My current transfer order states that I will be handling the same functions but from my transferred place of posting. In such a case please guide.
Thanks
Also I am being discriminated since few employees transfers were not carried out on their request, whereas in my case it was not considered. also would like to know in case of suspension whether a employee can attend the office and does he have to surrender is ID card.
the court had called for papers regarding transfer policy, which the company asked some time to submit. until then the court told verbally that no action should be taken.
Whether some have been transferred after one year(sometimes compassionate/ home town postings are for a year only) malafide intention has to be proved for court to take action.
Company will provide details of employees transferred after one year and have large number of reasons for transfer.
Why have they asked you to surrender ID,an employee under suspension is still an employee.
Discuss with your lawyer this aspect and see whether it can be shown as negative and pre determined action of company (due to ego hassles as you say between two big people)
Your advocate is the best person to guide.Keep close contact on all case related issues and keep pressing for quick relief.
Company may try delaying tactics in court because more the delay more employee will find finances a problem.
Best of luck.
Suspension is not a penalty under CDA rules however it should be followed by a charge sheet. Transfer orders on administrative ground shall be followed else efficient administration will not be possible. In your case, if there is any genuine grievance, go for registering it on the portal and hope for the best. ID Act doesn't apply in your case.
Dear Nims,

Suspension does not follow disciplinary action. Rather, suspension is a pre-disciplinary event that is resorted to by the management or administration against an employee if he/she is found guilty of some misconduct. So, disciplinary proceedings against an employee follows the suspension, if made. Your case pertains to misconduct of insubordination and disobeyance of orders of the competent authority. that is termed as unbecoming of a public servant. Besides, you have filed a court case against the management when transfer is one of the pre-conditions of service. hat would have added fuel to the fire to make the management more irritated on your misconduct. Suspension is normally made when the management takes a very serious view about the misconduct of the employee. The process of framing a chargesheet against you would be under way. If suspended, the management seems to have the intention to serve you with a major penalty charge sheet for which a regular departmental/ domestic inquiry will be held. A charge sheet can be served to you at any time in near future to be followed by a departmental inquiry. You will however get the opportunity to defend your case by engaging one serving official or a retired person to help you to assist in defending your case during inquiry proceedings.

It may also be pointed out to you that your court case will not have any impact on departmental inquiry, unless stay is granted by the competent court of law. But that is not advisable, as stay would tend only in delay in departmental inquiry and decision, not withdrawl of charge sheet. Delay in departmental inquiry can hamper the process of development of your future career also.

It may also not be out of context to point out that courts normally do not interfere with the administrative process of the management, particularly in transfer cases, unless sufficient proof of injustice is brought before the court. Normally, transfer is considered to have been made in the interest of service of the organisation. To cancel transfer or hold in abeyance is the discretionary power of the management, where courts do not normally interfere in the process.

MY ADVICE: act wisely in both the cases. Don't gt misled by ignorance or emotions.
thanks all,
My query is when the case is in the court, can a company suspend an employee, when the company had agreed in the court that no action will be taken. I agree that transfer is a pre-condition. But once transferred back why again an employee is transferred. For an company issuing an transfer order does not have any impact. But the person who has to serve the transfer gets affected. A female who has to balance work and family life such type of transfer within a year seriously affects her / family mentally and physically.
When the government are implementing new policies to encourage more women can take up employemnt and work maintaining balance between her work and family. there should be some flexiblity by the management instead of being rigid. when as far as possible administrative work is running smoothly without any hinderance.
please guide what should be done further.
Dear Nims
In your case I will be with Mr. PS Dhingra. When you applied for transfer on compassionate grounds to your hometown, that time the vacancy may be available and the transfer might have been given for 1 year period for sorting out your problems. After that period if you get transfer order, obviously you must move on, if the management does not accept your request for withholding your transfer order.
Instead of refusing the transfer order, if you request for transfer to the nearby location within the same city, where you have been placed, obviously you might have got the transfer. The filing of case against your employer will add fuel to the Anger of Management. Try to come out amicably and if possible try to find out some other job opportunities.
Wish you all the best
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