This is in response to the comments of our learned friends Prabhat and KK!HR. Besides, their response prompts me to rethink and therefore compels me to modify my earlier comment on the proposal of the management for which I am thankful to both of them.
At the outset, I would like to remind them the legal position already they are well aware of that suspension pending enquiry, per se, neither a punishment nor severance of the employer-employee relationship and even punitive suspension can not exceed the maximum no. of days prescribed in the standing orders or service regulations.
When any misconduct partaking the nature of a criminal offence is committed by an employee during the course of his employment, the employer has the discretion to take criminal action through the Police or to initiate departmental action under the Rules of discipline only or to take both the actions depending on the gravity of the misconduct and the circumstances. When both the channels of action are simultaneously preferred by the employer, since criminal action through Court of Law being a long-drawn battle and based on strict rules of evidence, the employer may proceed with the departmental disciplinary action, complete all the procedural steps and dispose it on merits independently or await the outcome of the criminal case. In case the criminal case ends up with conviction, the punishment awarded by the employer either before or after the Court's verdict would not get affected. Otherwise in the event of the acquittal being on exoneration of the accused/employee, the punishment if any awarded by the employer will not withstand; if the acquittal is purely on technical grounds, it will not affect the decision of the employer in the concurrent departmental proceedings. That's why some employers await the outcome of the criminal trial and award punishment to the delinquent on the same set of charges departmentally tried only after its final disposal.
Now, coming to the doubt raised by M/S. Prabhat and KK!HR. The delinquent employee was kept under suspension continuously for a period of 13 years coterminous with the disposal of the Criminal Case ending in acquittal on technical grounds. As such the employer can take any final decision independent of the verdict of the Criminal Court. He can issue a severe warning or award punitive suspension ( the no. of days is limited to the maximum as per the standing orders ), stop increments with or without cumulative effect or dismiss him. But, the employer wants to show some lenience for some reason or other and that leniency or mercy gives way to some problem. That is, any punishment other than dismissal would require the regularisation of the entire period of suspension of 13 years failing which it would tantamount to double punishment. In case of regularisation, the wages due for the entire 13 years of suspension should be paid, of course, after adjusting the subsistence allowance already paid. In order to circumvent this legal impediment only, the management proposes to award a punishment of "dies non for a period of five years of suspension already undergone" because it would disqualify him from claiming all employment benefits including wages.
If the workman simply accepts it in view of reemployment, there will be no problem. If he agitates it later, I am doubtful whether this would withstand judicial scrutiny.