Employer Suspended Me Without Cause – How Can I Fight Back Against Defamation?

Employer Suspension Notice Without Show-Cause

What if the employer has given a suspension notice without a show-cause notice or without specifying any charges (stating that charges will follow)? If the employee has been a perfectionist at work, highly qualified, and the suspension is given out of jealousy, which can be cleared in any court, what about the defamation and damage caused to the employee? What can be done about that? Please advise.

It is not necessary that an employee be given a show-cause notice or charge sheet first and then be suspended. The employer can suspend an employee pending investigation, charge sheet, inquiry, or further action into an incident, misconduct, or allegation since the objective of suspension is to facilitate an investigation or inquiry into the matter in an objective manner. Therefore, suspension is valid without a show-cause notice.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Dear B. Saikumar,

I belong to colleges governed by the UGC rules and affiliated with Mumbai University. I am a fully qualified individual with a doctorate, a strong bio-data, and valuable experience. The situation I faced involved envy and dirty politics, which unfortunately is the prevalent culture in my workplace. My college is well-known in the entire university for the unethical games played on employees.

Promotion and Workplace Challenges

I was in line for a promotion, but my Head of Department (HOD) was significantly underqualified compared to my qualifications. Despite this, no charges were brought against me as I always adhere strictly to the rule book. In such an unprofessional environment, shouldn't the institution be held accountable to certain standards? What steps can be taken in such a scenario?

Your guidance on this matter would be greatly appreciated.

Best regards,
[Your Name]

Nobody can be penalized without being heard, as per the principles of natural justice, which should be integrated into the organization's rules. Failing this, the action will be arbitrary and will not stand in a court of law.

Regards,
B. Saikumar
HR & Labour Law Advisor

As mentioned to you earlier, since I have been following the rule book to the hilt, the charges—which are not as per the requirements for suspension in the University rules—received from the college have been frivolous. Can I, by filing a case in the High Court, claim damages after the charges are answered and the inquiry outcome? How much can one claim for damage done to 25 years of experience and the reputation damage, not just within the institution but also outside it?

In my view, you cannot challenge suspension at this juncture since it is not required that the charges be specific before suspending an employee. An employee can be suspended pending an investigation or even before issuing a charge sheet. However, if the University rules make the framing of specific charges a condition to be met before suspending an employee, then you must be sure that the charges are not specific. It is you who has to make a decision on it. I cannot comment on the desirability of challenging suspension at this juncture.

Regards,
B. Saikumar

I am not challenging the suspension at this stage, but I intend to do so later, once the charges, inquiry, and their verdict are concluded. This situation cannot be prolonged indefinitely as it is causing significant damage to the central government due to the lack of work being assigned. I am seeking guidance on what steps to take after these processes are completed, as I need clarity to determine my course of action.

Regards,
Suchitra

If you are exonerated from charges in the departmental inquiry, the employer himself will revoke the suspension from the back date. So, you can wait for the departmental inquiry to be completed.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Suspension Revoked But Inquiry Continues: Seeking Legal Advice

My suspension order has been stayed/revoked by my college with immediate effect (I received the letter today), but the inquiry is to continue as it is not over yet. So far, none of the witnesses produced had any evidence; they were mere unsubstantiated allegations. Currently, one of the last witnesses has been called. Given the current situation, what legal options are open to me as the suspension was a wrong move by the institution? What should I do? What would you suggest?

Regards,
Suchitra S K