Suspension by way of punishment is called punitive suspension and as such the employee is not entitled to any subsistence allowance or salary and the period would not be counted for continuity of service though the contract of employment remains intact. However, the maximum no of days of punitive suspension is limited by the provisions of the standing orders/service regulations or contract of employment.
The second type of suspension which is called suspension pending enquiry is generally resorted to when some serious misconducts are noticed on the part of the employee and an enquiry in this regard is contemplated or in progress. Immediate reply by the employee to the show cause notice can not be a bar on the right of the employer to place the employee under suspension. The employer can keep the employee under suspension till the final orders are passed in the disciplinary proceedings. However, certain restrictions are imposed on the employer in this regard. The employer has to pay subsistence allowance for the entire period of suspension subject to the conditions stipulated under the standing orders/service regulations or the contract of employment.
Even if the standing orders/service regulations or the contract of employment is silent about suspension of an employee, still the employer has the power to suspend for it is an inherent power with the power to employ such an employee. But, he has to pay him normal salary/wages as long as the suspension continues. This is the legal position of suspension of an employee by his employer.
The poster seems to have come to the hasty conclusion that the employee would be terminated at any cost while his post is silent about the subsequent events following the suspension of the employee. Better the poster should answer the following questions:
1)Whether any domestic/departmental enquiry was ordered?
2) Whether any subsistence allowance was periodically paid?
From India, Salem
Advice your friend to prepare himself how to defend his case as per the show cause notice for alleged misconduct. He can take the help of an advocate or a consultant deals in this type of matter for assistance. Mr. Umakanthan has given a beautiful narration over your querry to understand the things as whole.
From India, Mumbai