Umakanthan53
Labour Law & Hr Consultant
Hangered
Computers

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I am working in a private bank. i have been suspended on sep 2018 sighting the ration fake document submitted by the client. after 4 months i received the charge sheet framing the acts of commission and omission ..i going to give them reply in 2 days. what will be the next step i should do.. when can i submit resignation . even after my reply if they have not taken any steps to revoke my suspension.. shall i give resignation..or is there any time frame or rules exist about the period of suspension, issue of charge sheet, inquiry, disciplinary action to be taken..
if i submit resignation, will they accept, will they relieve me ? or after how long i can relieve myself by leaving them notice after my resignation submission
pls guide me how to proceed further as it is more than 4 months since suspended.

Dear friend,
On the basis of alleged charges of omission and commission in the discharge of your duties, you have been placed under suspension. Therefore, no employer would normally accept the resignation submitted by an employee facing disciplinary proceedings.
In a recent judgment of the Supreme Court of India [ Prem Nath Bali v. Registrar, High Court,Delhi ], the hon'ble Court categorically observed as follows:
" Every employer (whether State or Private) must make sincere endeavor to the departmental inquiry proceedings once initiated against
the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded
within six months as an outer limit."
Therefore, you can request the management to commence the inquiry at the earliest or revoke your suspension without prejudice to the disciplinary action.

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