Boss2966
Industrial Relations
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Hotgautam
Hr Manager
+2 Others

Thread Started by #nims24

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
4th February 2016 From India, Mangalore
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.
4th February 2016 From India, Pune
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
4th February 2016 From India, Mangalore
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.
4th February 2016 From India, Mangalore
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.
4th February 2016 From India, Mangalore
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.
5th February 2016 From India, Pune
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.
5th February 2016 From India, Pune
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.
5th February 2016 From India, Delhi
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.
6th February 2016 From India, Mangalore
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
6th February 2016 From India, Kumbakonam
Dear Nims,

I can understand your difficulties. But, one thing needs to be understood well that there is a great difference in fact and fiction. The fiction is the work-life balance, which is a personal affair of an employee and that is the personal responsibility of the employee to give that a practical shape by making appropriate adjustments between his/her daily chores of his family life and the schedules of his/her official life. If some organization ethically takes care of the personal needs & affairs of its employees that can be treated as an ideal organization, which is quite rare on this earth.

Contrarily, the fact is that, irrespective of the personal or family life affairs of an employee, every individual is destined to work in the interest of the organization, which pays him/her with sole aim of taking care of the interests of the organization. Only a few individual officers/ managers of some organizations can be expected to take care of the work-life balance of their team members, provided the team member also takes enough care to help the boss to discharge his organizational duties and responsibilities well towards achievement of official targets by maintaining utmost performance efficiency of the team in general and the boss in specific.

So, work-life balance cannot be claimed as a matter of right from the employer by any employee, nor any rule or act of law binds an employer to ensure work-life balance of the employees against the interest of the organization. If he does so that can be taken as a matter of grace and gratitude on the part of the employer or the management.

So far as your suspension is concerned, in Government/PSU system, suspension is not treated as a punishment. Rather, suspension is resorted to restrain the employee to take part in official work and also to avoid him/her to tamper with the evidence against him/her. Suspension is a common practice in the workplace for being in violation of an organization's policy, or major breaches of policy. Work suspensions occur when the administration/ management deems an action of an employee, whether intentional or unintentional, to be a violation of policy that should result in a course of punishment, and when the employee's absence during the suspension period does not affect the working of the organization. Although the decision to suspend is not necessarily disciplinary in nature, when suspension takes place it is normally in circumstances involving potential gross misconduct. Alternatively, suspension may happen where relationships have broken down, or where it is considered there are risks to your employer's property/ records to be tampered with.

About your query, "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," in the absence of any stay order the company can suspend an employee to restrain him from participating in the day to day activity of the company. If the company agreed not to take action that means, although due, the company would avoid taking any disciplinary action against you till the pendency of the court case. But if you think seriously that also goes against your own interest. The court proceedings may take a very long time, whereas the company withholds (not cancelled) its decision to take action against you till the court case is decided. The company, if suspended you, can be considered to have determined to take disciplinary action against you any time after the verdict of the court in your case comes. The finalization of disciplinary case taken thereafter is also likely to take years together. So, till both the cases are finalised and also the punishment period is over, if punished in disciplinary case, your career/ promotions will surely be affected adversely.

So, you will have the need to fight both the cases wisely and effectively.

Please don't think that I am trying to terrify you. I am simply trying to make you aware of the facts of official life and to make you alert about the likely future dilema to happen for you to face and to plan your activities tactfully and wisely to tackle that.
7th February 2016 From India, Delhi
Apparently, the suspension is part of the chain of your transfer, you non-compliance of the transfer order and seeking judicial review. However, for the time being the legal elements are such that the issue of suspension needs to be viewed as an unrelated event. It appears from the facts disclosed that you have been placed under suspension pending disciplinary proceedings. unless you wish for an amicable settlement, let the matter remain so. The onus rests with the management to issue the charge-sheet conduct the proceedings. Further course of action could be decided once the charge sheet is issued..
As regards to transfer, the court is already ceased of the matter; they have called for the papers. Let it take its course.
7th February 2016 From India, Kochi
Dear member, seniors and experts have already explained /recorded their views in detail in above remarks, and I think, it is not feasible to submit any new idea. But, for clarity purposes, I will request you to please, intimate following information, if possible:-
1. What is the name of PSU in which you are working ? Which of the service rules are applicable on employees working in said PSU ?
2. What is meant by "CDA Rules" as mentioned by you in your one of reply ?
3. Whether there is any transfer policy in your PSU ?
4. In which court you have filed the case i.e. whether it is appropriate court having jurisdiction as per your service rules ? So far as I remember, Central Civil Services employees/officers are required to file such cases only in CAT having appropriate jurisdiction.
7th February 2016 From India, Noida
In my posting above, 'ceased' may be read as 'seized'. The lapse is regretted.
8th February 2016 From India, Kochi
#Anonymous
Hi..
Can PSU instead of suspention,direct terminate(as per company CDA rules) the service of a manager grade employee on transfer and after joining the transfer location, management has made to work as sales man instead of Manger grade position(may be as per sales promation act 1976) & tried harassment in all possible way,inducting salary reduction,as result after 2 yrs employee has gone long leave with email intimation to boss & HR, but leaves considered as authorized absent.
PSU has empowered to terminate the employee without conducting domestic enquiry etc..?
Please note the screen shot attached for good advice from seniors.
8th February 2016 From India, Bangalore

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thanks to all seniors.
with reference to Boss2966, our company is not having any locations close to my current place of postings. I had also applied for deputation,which I understand now that my company has not send the same as per the company's requirement and the recruiting company had asked for the required docs but our company is not cooperating with them. If an individual is seeking for placement in other company why they are not cooperating instead of trying to harras. what are your opinions please guide.
Also when I posted back the posting was not for one year. since the work can still be carried out from the current place,
Reference to Haresh kumar Mehta: Its an oil psu. CDA means conduct Discipline and Appeal.
Transfer policy is every 3 years, but it does not apply at par to all employees. There are many who have not been transferred for many years.
The case is filed in high court.
Thanks all and seek your guidance.
8th February 2016 From India, Mangalore
Dear Nims,

I can guess, may be at your own or due to wrong guidance of some one close to you, out of ignorance about rules and regulations you had taken some steps in disgust or disppointment, which worked awfully wrong in your case and also tended to indiscipline on your part leading to enhancement of your woes.

About your application for deputation also, I may point out to you that in Government or PSU organisations, deputation is never a right based event, rather is always request oriented that too with due vigilance clearance. First of all to accept or reject a request is the sole discretion of the employer. Secondly, vigilance clearance is quite necessary before forwarding application for deputation. Thirdly, even if application is forwarded against Government instructions, no Government organistion accepts the applicant of any official/executive on deputation basis, if any vigilance/ disciplinary action is pending or even contemplated.

So, there are two negatively impacting points in your case that would have become great hurdle in forwarding your deputation application, i.e., (1) your suspension, which means a disciplinary action is pending or contemplated against you, and (2) your court case against the company that tended to have caused anger amongst the superiors. Until both are ceared and also three years are passed after close of disciplinary case, you will not become eligible for vigilance clearance for the purpose of forarding your deputation application.

So, before everything else, get the court case as well as the disciplinary proceedings expedited on top priority in defending your cases effectively. Otherwise these two events may harm your career for years together herafter.
9th February 2016 From India, Delhi
Dear Nims,

Does your suspension tagged on with payment of subsistence allowance or not. I mean after suspension obviously your co. is not paying you salary, instead did they pay you the 'subsistence allowance' ??

Notwithstanding, if you have to retrieve some relief I would suggest you should engage with your HR and make arrangement to report to the place/post where they have transferred you. Failing which, I afraid you will have to undergo irreparable loss and mental stress. Also can consider withdrawing the case against the co. Most probably your co. might make it a precondition to allow you to join duty and lift the suspension order. Followed by, I presume your co. should have the Appellate Authority for redressal of grievances Forum within your administrative machnism. If so, file your petition for a compassionate posting to a desired place. But the verdict in your favour cannot be assured. In a matter of transfer/posting to an appropriate place and duty responsibilities, without loss of fixed emoluments you have hardly anything to contest. This fact you should bear it in mind pal.
9th February 2016 From India, Bangalore
#Anonymous
Hello..senior's.
Some anonymous has replied of one of the well known senior post on 7th Feb.
The post is very similar to above thread but, PSU has go one step ahead under President of India company ownership.
I.E.without suspension, straight away termination & giving F&F.
PSU working like a dictator & saving on suspention salary/benefits for future leagal case in CAT.
The case seems to very strong leagly in comparison, even it may happen soon to Nims24..if didn't report asap to transfer location.
Surprise to note that non of the seniors are interested to reply the anonymous posted reply.
The screen shot attached is more clear laws on the importance of
Demostic enquiry..
TC.
9th February 2016 From India, Bangalore
Dear anonymous,
The earlier anonymous has been posting this query in the forum on many occasions and has been adviced that his query can only be addressed by legal actions.
Forum has no practical solution for the happening as described by Anonymous.
""""Surprise to note that non of the seniors are interested to reply the anonymous posted reply.""""
So this statement is incorrect.
Also remember that advice by seniors is a voluntary act out os interest to assist the community at large and no one can draw a conclusion and get surprised.
9th February 2016 From India, Pune
#Anonymous
I have burnt my fingers twice in high court single & double bench by dismissing the writ petitions,
before joining the transfer location.
After joining the transfer location without any opinions,hoping for good treatment, now after 2 yrs of ill treatment by PSU..I need to decide for review petition at HC or SLP at SC.
Hence, I was trying to understand case grounds & strength by various seniors/experts to proceed leagly or
Not(As psu bare leagal expense by Public money,but I need to bare by savings for many years, after that I want to sure)
Regards
12th February 2016 From India, Bangalore
Dear anonymous,
If you have lost at both single and double benches level at HC,then you have to approach Supreme Court.
There must be some fundamental weakness in your side which needs to be analysed and addressed,if you want relief from courts.
Legal battles are always expensive for any individual but organisations can afford to pay.
Think twice before venturing into legal battles
Try and settle things in office itself.
Court should be lasts resort.
12th February 2016 From India, Pune
1. Sir, I think, there is some time-limitation within which one can file appeal or review petition in High Court or in Supreme Court.

2. As a general rule, the Hon'ble courts do not intervene in transfer cases citing the reasons that it is within the powers of the executive and courts cannot interfere into the powers of the executive. Even in those cases where there is any transfer policy in any department, hon'ble courts refuses to intervene by citing the reasons that such transfer policies are not statutory and are merely departmental instructions and are discretionary.

3. Therefore, in my opinion, there is no utility of making a prestige issue with the Authority and rather, it is more advisable to follow the instructions, comply with the grievance procedure and if in any case it is felt that a transfer is vindictive and with a malafide intention, an employee may firstly exhaust the departmental channels and thereafter approach the Tribunal or High Court etc. having proper jurisdiction in such matters as per service rules as applicable.
12th February 2016 From India, Noida
#Anonymous
Dear sir..

HRD is transferred to marketing department without change in pay scale.

HC is dismissed writ as per appointment Clauses the screen shot is attached.

Where as reporting officer has used the clause no 12 & assign of Manager responsibilities at Guwathi, where no company establishment & on email attendance salaries paid.

Later after one year medical representative responsibilities given,where daily reports are sent by post & mail..but salary reduction was done without giving reasons.

Question is what responsibilities given are in line with

Natural justice or malafide as purpose of appointment is deafeated of an engineer.

If I was given AGM grade salary & infrastructure /manpower then clause no 12 is applied.

Is the clause is leagaly confirm,as any designation/function means they assign attender job.

Is HC has made error..?

As per my knowledge with in 3 years SLP can filed

In SC, I have good one in hand.

Regarding review petition do not know the time limit

I have clean record for the last 8 yrs.

Company has settled my account without domestic enquiry,as I was scared the threats form reporting officer,hence i did not report duty for 9 months, but F&F is done in last month on the basis of long absence (I have communication mail with valid reasons for being absent with proof of documents)

As various PSU service conditions/CDA rules/standing orders, the punishment after enquiry is limited to demotion or increment cut definitely no suspention/no dismisa of service..?

As per clause no 15 the company can transfer on same role or same conncted experience,other wise in my view the HC judge may transfed as equal rank of police commissioner since both know the law & orders..?

Sir..Let us assume that what company has done right as per CDA rules & they might have taken board approvals

May be I was due for promotion & there may not be available post in company, it doesn't mean that company can misuse the technical manpower on mear Clauses of appointment letter(in my view appointment letter is understanding of both not leagal BOND)

Dear seniors thanks for your time, expecting clarification on merit of case please.

Kindly ignore the mobile typing errors.

Regards.
14th February 2016 From India, Bangalore
#Anonymous
Please find attached screen shot for above reply.
14th February 2016 From India, Bangalore

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Dear Anonymous,
To be short, I may say, the terms & conditions, as accepted by the candidate at the time of offer of appointment are sacrosanct and cannot be considered to have been waived off automatically. So, the judgment of HC cannot be termed as wrong, as per lause 12 of the terms of appointment.
Secondly, approval of Bboard is not required in transfer cases. Transfers can be made by the competent authority delegated with the powers by the Board or the MD.
However, you were free not to accept clauses 12 & 15 of appointment before acceptance or could have referred the matter subsequently to the MD or Board for relaxation of the said terms.
14th February 2016 From India, Delhi
#Anonymous
Sir..As per clause no 12 is standard clause Normly used in the interest of company But any functional responsibility/Any designation mean Psu can ask to work one as attender post & salary.
14th February 2016 From India, Bangalore
#Anonymous
Dear work at home. Please find attached screen shot of HC single bench was positive on employee & adviced company to fallow the order but due to good hold they rejected. Regards & tnx for ur time.
14th February 2016 From India, Bangalore

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Hi Anonymouse,
There seems to be some misinterpretation of the judgment on your part. The judgment seems to have become hazy for you due to two different statements appearing in the judgment. The judge has very clearly stated, "I find no legal predicament to grant the prayer. As per judgment that clearly means that the judge has not found any injustice in application of the conditions of your appointment in your case to admit your prayer. In the order, the judge has simply asked respondent No. 4 to "consider" your representation, dated 19.10.2013. But he has not given any clear direction for the said respondent to consider that positively or negatively. The judgment left the matter totally at the discretion of respondent No 4, to give positive or negative decision on consideration of your representation.
15th February 2016 From India, Delhi
Dear friend,

The Hon' HC did not grant relief nullifying the transfer itself (ref.screen shot). If you read the judgment/order it simply states the representation of the petitioner should be 'considered' expeditiously within the time mentioned in the order. Therefore you cannot claim there is a relief granted by the HC. The Co. still might say..."the representation of the petitioner has been considered sympathetically in the light of HC directives and found no merit in the grounds raised by the petitione and as per the terms & conditions of the apptt. the petitioner should have reported to the place of posting/transfer. Since he has not reported he was reported as 'deserter/absentee' and as per rules of the Co. he was terminated following necessary procedure'..... or in some other words meaning same action. The CDA (Conduct,Discipline & Appeals Rules ?) has to be read together with your Terms & conditions of offer/apptt. which you have accepted. I don't think this can be changed now. It's also very much delayed I don't know what relief you are entitled to legally. Better you can consult some eminent advocate with available documents to know what is possible at this juncture.
15th February 2016 From India, Bangalore
#Anonymous
Dear..Kumar S
After the judgment of single bench
I have reported the transfer location worked for 2 yrs..but due harassment/ salary reduction/ no office or infrastructure of company.. I self abondend the duty..hence HR settled my account.. Please read earlier replies.
With this I am thinking to go for review petition or SLP in SC..
Regards
16th February 2016 From India, Bangalore
#Anonymous
Dear Mr.Kumar,
I have accepted the appointment letter against
Recruitment of post GM- engineering and bouble bench order( see earlier reply screen shots) of HC is to red in line with appointment of post/purpose/designation/experience of candidate etc.
If this untrue, company should had given AD in paper
as " GM" and elobrarting all departmental experience including HR etc?.
Here by transfer is deafeated the purpose of appointment & it is malfied management mis interpited, missused for individual purpose.
Check recent judgement of any employee has right to abondend the duty & company can not use as slave.
I was given depromated post from GM to manger, from Manger to medical representative (PSR)..next indicated was "Attender"... Hence the duty abondend.
Can expert will reply on the basis of " Natural justice" front..
16th February 2016 From India, Bangalore
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