Prolonged Suspension - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
+2 Others

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I am an officer of XXX Bank of India. Citing certain allegations I was suspended on 25/2/2015. After 4 months I wrote a letter to the DA for revocation of suspension as per supreme court directives.Letter was not responded. After 10 months on 05/01/2016 charge sheet was issued. Enquiry not yet started. On 20/6/2016 I have written another letter to the DA with 15 days notice for revocation of suspension as per Supreme Court directives dt.16/02/2015.
If this letter is also not responded, what to do?
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1. Sir, whether SBI is under the jurisdiction of Central Administrative Tribunal (CAT)?. If so, the best course, in my opinion, will be to seek directions from CAT in case disciplinary authority fails to comply with law of land as mentioned by you.
2. If your service rules donot permit jurisdiction of CAT, then you can follow/exhaust remedies available to you as per your departmental rules/regulations as applicable to the employees of the establishment in which you are working.
3. I think, you can also file a writ petition in appropriate High Court, but the Court do not interfere in the service matters until and unless the procedure or actions as laid down in service rules/regulations are firstly not exhausted.
Sir, I, an XXX officer, suspended on 25/02/2015.Charge sheet issued on 05/01/2016.Departmental enquiry order in March 2016. Enquiry yet to be started. What to do?
Sir, I have already posted some of my views as as above. Hope, you must have read the same.
Yes Sir I have seen your comments. But regarding departmental enquiry the Supreme Court has directed to all whether state or private.So I think bank also comes under purview of the order.
Dear Bhattacharya,
Your is only a departmental inquiry case or any criminal case has also been reported to police against you, if that pertains to fraud, embezzlement or misappropriation of funds? Please make that clear first to arrive at some some appropriate opinion about your case.
Dear Mr. Bhattacharya, First of all I would like to ask you whether are you really serious about your employment dispute? Since you were suspended on 25/02/2015 and after one and half years you have woken up for the employment matter. Any way, better late than never. Kindly do not take your employment dispute matter lightly and fight for justice till last breath! For justice one has to fight, supreme court directives are to be followed by the judiciary and not by the vested interest, here officers of SBI. MAy approach CAT / appropriate jurisdictional court of law without wasting any time in further correspondence. Engage a good lawyer if you are not a member of your association, else approach the association immediately. Do all written correspondences by registered A/d / speedpost and keep copies and all documents handy. Best of luck.
It is unlikely that Courts will interfere at this stage unless there is clear violation of the provisions of the statute, that too, at the discretion of Judge! The only option now is to ensure that the Enquiry is conducted and concluded expeditiously. You can get direction from the Court if the matter is unduly delayed.
From the facts stated, you should be getting 75% of the salary as subsistence allowance. If not, please take appropriate steps.
I would suggest you to contact your grievance department and they will do the needful. If you do not get any reply from them in 2 weeks then write a letter to the superior authority, step by step hierarchy has to be followed.
Mr. Bhattacharaya, Please share the Soft Copy of Apex Court Citation as regard Departmental Enquiry and OR give the Citation link
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