karthik-pathivada
I was working as a Manager in SBI was suspended in Nov 2020 and still under suspension awaiting the enquiry to start. I have been suspended based on the audit report and charge sheet has been issued recently(march 2022) and an FIR has been filed. But, to my utter dismay other officials involved in the case are not suspended in spite of being served by Charge Sheet. I have been not paid subsistence allowance for 8 months, after repeated letters I am being paid half salary from the past 2 months. As per the supreme court order. An employee cannot be kept under suspension for more than 6 months and full salary should be paid after 1 year. I request your good selves to advice me on the next course of action: either I should approach the court for revocation and completion of the departmental enquiry.
From India, Bengaluru
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5885

Dear Karthik,

Since you are a managerial Cadre employee, you cannot seek any remedy for the grievance under the IDA,1947.
Since the bank is a PSU, it is amenable to the writ jurisdiction of the High Court and the Supreme Court only.
You have been under suspension for more than a year and you were not paid the subsistence allowance then and there. Though the charge sheet was issued to you in March,2022, domestic enquiry is yet to start and the slow pace of the disciplinary process after your suspension since November, 2020 and the belated payment of subsistence allowance are certainly indicative of the callous and lackadaisical attitude of the management which itself is a sufficient reason to seek Judicial intervention in the matter.

Therefore, you may consider filing a writ under Article 226 in the High Court of your State directing the bank to complete the disciplinary proceedings in a time bound manner and to revoke the suspension immediately and post you in any insensitive post till the completion of the disciplinary proceedings.

From India, Salem

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