When a punishment is finally awarded in a disciplinary proceedings, the question of regularising the period of suspension undergone by the employee pending enquiry is an important one. If the disciplinary authority leaves it unanswered, it will amount to double punishment for the same misconduct.
Therefore, while disposing the disciplinary case finally with a punishment, the period of suspension pending enquiry should be regularised as duty and full wages minus the subsistence allowance already paid must be given. In the case of disposal by punitive suspension like the one you mentioned, no wages is payable but it is important that you cannot recover the subsistence allowance already paid.
Another important aspect of the matter is that you cannot award the punishment of punitive suspension exceeding the maximum no. of days if any, so fixed in your standing orders.
From India, Salem
Kritarth ConsultingEye Opening, Precedence-Re-Setting Guidance Umakanthan Sir. Thank you for Crisp, Crystal-Clear Clarification. Kritarth Team Bengaluru Office, 10 Dec 2019
From India, Delhi
sridharan venkataramanDear Sri Umakanthan Sir.
Good Morning. I thank you very much for your timely advise given to me, which is so helpful in handling this issue on hand. I shall follow the guidelines given by you Sir. Thanking you once again. Regards, V Sridhar
From India, Mumbai
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