Understanding Employee Suspension: Is 'Allowed to Join Duty' Different from 'Pending Enquiry'?

Friends,

In our company, we allowed a suspended employee to join duty. The chargesheet was supplied with the suspension order. Now, after a few days, he was 'allowed to join duty till completion of the enquiry'. Is it any different from 'allowed for duty pending enquiry'?

Thank you.

Suspension of an employee pending enquiry

Suspension of an employee pending enquiry, per se, is neither punitive nor does it cast any stigma on the part of the concerned employee. It is only a matter of administrative convenience to speed up the disciplinary proceedings against the employee by pre-empting possible tampering with the records of evidence or influencing the witnesses by remaining on duty. Unfortunately, it has become a dry formality to place an employee under suspension immediately with or without serving the charges of the alleged misconduct, either without the application of mind or intentionally to intimidate the delinquent. In either case, it is going to produce the opposite result only by prolonging the enquiry as well as paying subsistence allowance.

When to resort to suspension pending enquiry

Therefore, resorting to suspension pending enquiry is only inevitable depending on the gravity of the charges as well as the possibility of the employee meddling with the material evidence. Otherwise, it can be skipped entirely or at any stage later. The revocation of suspension at any time before the completion of the disciplinary proceedings cannot, in any way, affect the outcome of the disciplinary proceedings.

Necessity of Suspension

In case you allowed a suspended employee for duty, then what is the necessity for suspension? As rightly mentioned by Mr. Umakanth, suspension of an employee is to avoid the possibility of tampering with the evidence and the gravity/seriousness of the misconduct.

If you are allowing the suspended delinquent employee for duty, then why were they suspended in the first place? In case they work, are you paying the subsistence allowance, the salary, or both?

Suspension Pending Inquiry

If you have suspended an employee pending an inquiry, then you need to continue until the domestic inquiry is completed, the report is submitted, and the punishment is cleared. If the punishment is other than termination, then you need to allow them to return to work after they have completed the punishment.

Allowing Duty During Inquiry

When there is no suspension, then you will allow duty until the completion of the inquiry, and if the punishment is other than termination.

Being allowed to join duty until the completion of the inquiry is not applicable once the employee is suspended. They are allowed to return to work upon the completion of the inquiry and if the punishment is other than termination.

Hope this clarifies things.

Thanks,
Kameswarao

In the first place, you can suspend an employee pending an inquiry only if the charges leveled are so serious that his/her presence may harm the working of the organization.

It is the prerogative of the company to suspend an employee pending inquiry if the misconduct in which he has indulged is so grave and serious as to keep him away from work, the reason being he may influence the witnesses or tamper with the evidence against him. During suspension pending inquiry, the company is required to pay a subsistence allowance to the chargesheeted workman as per the Standing Orders Act.

However, if the suspension is withdrawn against the employee, it will cast a burden on the company to prove why he was suspended in the first place. Withdrawing the suspension is also the company's prerogative, but if the case is put to judicial scrutiny, then some bias on the company's part may be inferred by the Authority.

Dear Anonymous,

Both terms convey the same meaning; they are only different in their composition.

Warm Regards,

Bharat Gera

HR Consultant

9322404765

If an employee is asked to rejoin the office on the grounds of humanity, there seems to be some issues related to a domestic enquiry. The enquiry was conducted against the principles of natural justice, and both the Managing Officer (MO) and Inquiry Officer (IO) belong to the same organization. The inquiry concluded by stating that charges were proven, even though evidence showed that the accusations against the employees were false and fabricated.

The employee has now resumed duty but requires guidance on what steps to take next and the potential implications they might face.

Suspension and Rejoining of an Employee

When a person is more emotional, the first casualty would be their rationale. First and foremost, the suspension of an employee pending enquiry and its revocation after some time are mere administrative acts falling well within the discretion of the disciplinary authority in the wide spectrum of disciplinary proceedings. The delinquent employee cannot question this on any grounds other than denial of subsistence allowance or its indefinite prolongation even after the close of the enquiry.

Defects in the Enquiry Process

Second, the defects you are pointing out about the enquiry may serve as valid grounds of defense in a judicial appeal if you were punished based on such a defective enquiry. There are even chances that the entire charges may be dropped altogether, and the period of suspension undergone may be regularised as duty.

Therefore, let the employee rejoin duty and patiently await the final orders.