To,
Kritarth Consulting Pvt Ltd and Leslie Fungai
Dear Sir,
Thanks, Kritarth Consulting Pvt Ltd and Leslie Fungai, for your valuable guidelines.
As required, following are the contents of the Letter of Suspension: -
“It has been reported that while working as xxx under xxx you have committed serious irregularities in the matter of xxx.
As the acts of misconduct committed by you are of grave nature, your continuance in the post held by you or the office in which you are working is likely to vitiate the enquiry or to become detrimental to the proceedings or to the interest of the organization.
Under the circumstances I, the undersigned, being the competent authority as per xxx Employees’ Service Regulations, hereby order your suspension with immediate effect until further orders, pending further proceedings and final orders in the matter.
During the period of suspension you are eligible for subsistence allowance as per xxx rules.
You are directed to report for attendance during suspension on every Monday at 11.00 AM to xxx. In case Monday happens to be a Holiday, you should report on the immediately following working day.
During the period of your suspension you should not leave the Head Quarters without prior permission of xxx.”
In the above Order of Suspension no Reference of the Charge-Sheet or Letter of Explanation is given. The details of the grave act of misconduct are also not recorded in the Suspension Order, for which the Issuing Authority decided to suspend -the Employee-pending Enquiry.
During the entire Suspension period of 816 days, he is paid only 50% Subsistence Allowance and he is not paid 75% salary after 90 days and full salary after 180 days with all other consequential benefits.
Concerned Employee had gone to the High Court but the Court did not decide the matter on merits and disposed off the mater other way and awarded minor benefit only and the employee did not get justice after appeal also and now he has only option to make a Fraud case because here the Fraud is absolutely clear having many evidences on record against the authority as under: -
i. Copy of the Alleged Report received by Issuing Authority on the basis of which he suspended the employee is not supplied to him till the date.
ii. FIR lodged for alleged Matter does not show any evidence against him.
iii. A Letter submitted in respect of the said Matter does not show any evidence against him.
iv. No Letter for Explanation is issued to him before issuing Order of Suspension.
v. No Evidence is produces against him for issuing Order of Suspension.
vi. No Witness is produces against him for issuing Order of Suspension.
vii. No reply is given to his 9 (Nine) Grievance Letters till the date.
viii. Chargesheet is issued to him after 312 Days of Suspension.
ix. Departmental Enquiry is conducted in hurry after 639 Days of Suspension.
x. Departmental Enquiry is conducted under the influence of mala fide intention of Management and higher authorities.
xi. Show Cause Notice is issued to him after 754 Days of Suspension.
xii. Punishment Order is issued to him after 816 Days of Suspension.
xiii. Other employee has been entirely exonerated in the same matter and similar action.
xiv. Alleged Matter is NOT Proved in the Honorable Court of Law.
xv. No proper documents are supplied against his RTI Application by management.
So kindly advice - can the employee make Fraud case against the Authority or not to get justice on the ground of all above evidences and the Long Suspension Period that was due to mala fide intention of Management. And there is no time limit for filling the fraud case.
Your valuable guidance in the matter would be highly appreciated and helpful to him for his taking further action in the matter. Is it possible for him to make a Fraud case against the authority?
Ashok Gupta
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