Suspended Without a Show-Cause Notice: What Steps Should I Take Next?

I worked with a small finance bank based in Kerala as a cashier. I was issued a suspension proceedings letter on August 2, 2019, due to some alleged acts of misconduct committed while working. However, till now, the management hasn't issued a show-cause notice or a charge sheet. They have not conducted any initial domestic enquiry regarding this matter. I am receiving subsistence allowance properly, with the last allowance received on March 30, 2020.

Kindly advise me on the next steps in this matter. What kind of actions may they take?

Thank you

Suspension from Duty Pending Inquiry is the second step in disciplinary proceedings initiated against an employee by any employer as per employment-related laws of the land. The first step, essential and lawful, is issuing a charge sheet, show cause notice, or explanation letter. This involves informing the "delinquent employee concerned" about the allegations or charges of misconduct alleged against said employee, which amount to misconduct for which he/she is liable to punishment as per applicable service rules. The employee is then advised to submit his/her written explanation in his/her defense.

Only after issuing the charge sheet, the suspension pending inquiry letter must be issued, mentioning that subsistence allowance shall be payable on due dates (not for an indefinite period as in your case). Please communicate to your employer the aforesaid point plus our Honorable Supreme Court ruling that "Internal Inquiry or Domestic Inquiry or Managerial Inquiry," as often referred to, must be completed within six months from the date of initiating disciplinary action-step. This is the spirit of our laws.

Regards, Harsh Kumar Sharan, Kritarth Team of Independent & Freelance Inquiry Officer

Ask the organization to withdraw the suspension. Suspension cannot be for an unlimited period. Enquiry, charge sheet, etc., follow a sequence with time frames. Put up a detailed letter drafted by a lawyer and ask for the revocation of suspension and resuming normal duty if they are not taking action against you. Or things are languishing as there may not be adequate evidence, and they are undecided.

Hi friend,

It's been 11 months since you were suspended. It's reasonable to expect that you are receiving the subsistence allowance regularly, which to some extent would cover your day-to-day expenses. During this period, even if we don't consider the lockdown period of, say, 3 months, the delay is about 8 months, and no formal inquiry seems to have been initiated. I think you should consider writing a letter requesting them to revoke the suspension, reinstate you, and await their response.

Keeping one employee under suspension without a domestic enquiry from Aug 2019 to date is not justified and goes against the principles of natural justice. You can bring this to the attention of management to reverse the decision and request the restoration of your services.

Suspension and Inquiry Status

You have been placed under suspension pending inquiry since February 2019. Understandably, neither a detailed charge sheet/show cause has been given nor an inquiry has been initiated, but you have been paid subsistence allowance every month. It is grossly unjustified and unlawful that you have not been given delineated charges to date and that no inquiry has been initiated.

You are advised to raise an industrial dispute before a conciliation officer/Assistant Labor Commissioner (Central) as the case may be, depending on the jurisdiction, and get appropriate redress to end the impasse. You have not mentioned in your query how much subsistence allowance you have been getting from the employer.

Eligibility for 100% Subsistence Allowance

In this scenario, please be advised that as per model standing orders or, for that matter, the Bank's standing orders or by whatever nomenclature it is known, you are eligible for 100% subsistence allowance since the suspension period has crossed more than 360 days in your case. As per your statement, the delay in the inquiry is not attributable to your conduct; you can assert your right to claim 100% subsistence allowance.

Regards, Panchsen P. Senthilkumar
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy-Reasons]

Dear Experts,

Thank you for the valuable feedback. I received my suspension allowance on March 30, 2020. However, I have not received any allowance since then.

One of my HR colleagues sent an email indicating that, "While going through attendance records, it has been noted that you have not marked your attendance since June 20, 2020. In this scenario, we would like to confirm your working status and understand why your attendance was not marked for these days."

Is this situation valid?

I received my suspension pending inquiry letter on August 2, 2019, and have not returned to the office premises since then. My user ID for the attendance portal was also blocked by the system admin on that day. How can they mark attendance for me until June 19? Is this legally correct? Kindly advise me, sirs.

Strictly speaking, the suspended employee must mark his/her attendance at the main front gate of the working premises (a separate register to be maintained at the security office) to avail of the subsistence allowance. In a suspension order, the above-mentioned fact should also be mentioned by the management (as a general practice followed). Anyhow, you can submit a plea to the management, explaining the reasons cited in your post of today, that is how a suspended employee can enter the premises and mark his attendance. Moreover, you can mention that you were not advised to mark your attendance at the gate. Let's see what will happen.