Suspension Without a Charge Sheet for Over a Year: What Should You Do?

What to do if there is no charge sheet issued and suspension period is also more than one year... Please guide.

Suspension Without Charge Sheet: Legal Implications

Without issuing a charge sheet to an employed person, management's action to suspend the said employee pending inquiry is arbitrary, unlawful, untenable in courts of law, and attracts penal provisions. The laws of our land do not ask anyone if he/she shall obey. That is not the choice. The only choice is how? Before or after being penalized and/or brought to book. Hence, even at this late stage, the employed person must be informed of the charges of acts of misconduct leveled against him/her.

In case the employer deems it fit and necessary to suspend him/her from duty (not allow entry in the workplace), a suspension letter (specifying why entry is not permitted, in writing) must be issued. Then a reasonable opportunity should be given to the suspended employee to defend his/her alleged actions. Internal inquiries should be conducted by an impartial inquiry officer duly appointed by the employer, which must be held in accordance with the principles of natural justice. Thereafter, only based on definite and conclusive findings, the punishing authority needs to decide on condonation or proportionate punishment.

Regards, Kritarth Team, Bengaluru Office, 28.4.2019

I was working with Group Hotel for one year. Initially, the first HR manager informed me that I was restricted pending an inquiry. After eight days, the HR manager told me that I could not continue the job as I had not provided accurate information about a tip amount given directly by a guest to a bellboy, which they considered fraudulent.

He asked me to submit a resignation letter before he could issue me clearance along with the proper certificate. I provided an explanation and the resignation letter as requested. I am unsure whether the management is at fault or if it is my mistake. I suddenly find myself jobless. What should I do?