Facing a Long Suspension Without Response: What Steps Can I Take Next?

I am an officer of XXX Bank of India. Citing certain allegations, I was suspended on 25/2/2015. After four months, I wrote a letter to the DA for the revocation of suspension as per Supreme Court directives. The letter was not responded to. After ten months, on 05/01/2016, a charge sheet was issued. The inquiry has not yet started. On 20/6/2016, I wrote another letter to the DA with a 15-day notice for the revocation of suspension as per Supreme Court directives dated 16/02/2015.

If this letter is also not responded to, what should I do?

Jurisdiction of the Central Administrative Tribunal (CAT)

1. Is the State Bank of India (SBI) under the jurisdiction of the Central Administrative Tribunal (CAT)? If so, the best course of action, in my opinion, would be to seek directions from CAT in case the disciplinary authority fails to comply with the law of the land as mentioned by you.

2. If your service rules do not permit the jurisdiction of CAT, then you can follow or exhaust the remedies available to you as per your departmental rules and regulations applicable to the employees of the establishment in which you are working.

3. I think you can also file a writ petition in the appropriate High Court, but the Court does not interfere in service matters unless and until the procedures or actions as laid down in the service rules and regulations are first exhausted.

Sir, I, an XXX officer, was suspended on 25/02/2015. A charge sheet was issued on 05/01/2016. Departmental enquiry order was given in March 2016. However, the enquiry is yet to be started. What should I do?

Yes, sir, I have seen your comments. But regarding departmental enquiry, the Supreme Court has directed that it applies to all, whether state or private. So, I think banks also come under the purview of the order.

Dear Bhattacharya,

Is your case solely a departmental inquiry or has a criminal case also been reported to the police against you, particularly related to fraud, embezzlement, or misappropriation of funds? Please clarify this point first so that an appropriate opinion can be formed about your case.

First of all, I would like to ask you: are you really serious about your employment dispute? You were suspended on 25/02/2015, and after one and a half years, you have woken up to the employment matter. Anyway, better late than never. Kindly do not take your employment dispute lightly and fight for justice until your last breath! For justice, one has to fight; Supreme Court directives are to be followed by the judiciary and not by vested interests, such as the officers of SBI.

You may approach CAT or the appropriate jurisdictional court of law without wasting any time in further correspondence. Engage a good lawyer if you are not a member of your association; otherwise, approach the association immediately. Ensure all written correspondences are sent by registered A/D or speed post, and keep copies of all documents handy. Best of luck.

Regards

It is unlikely that courts will interfere at this stage unless there is a clear violation of the provisions of the statute, that too, at the discretion of the judge! The only option now is to ensure that the inquiry is conducted and concluded expeditiously. You can get direction from the court if the matter is unduly delayed.

From the facts stated, you should be receiving 75% of the salary as a subsistence allowance. If not, please take appropriate steps.

I would suggest you to contact your grievance department, and they will do the needful. If you do not get any reply from them in 2 weeks, then write a letter to the superior authority. Step-by-step hierarchy has to be followed.

Mr. Bhattacharaya,

Please share the soft copy of the Apex Court citation regarding the departmental enquiry or provide the citation link.