Workplace Misconduct: How Long Can We Suspend an Employee Without an Inquiry?

Maximum Suspension Days Without Inquiry

As an employer, what is the maximum number of days we can suspend a worker for misconduct in the workplace without conducting a domestic inquiry?

Punitive Suspension Without Domestic Inquiry

No punishment, much less suspension, can be ordered without a domestic inquiry unless the charges are unequivocally admitted by the delinquent employee. The maximum duration of punitive suspension under model standing orders is four days.

Suspension is not a punishment

Practically, when the presence of the delinquent employee is not desirable during an investigation or inquiry, the employer suspends the delinquent employee, and it is not considered a 'punishment.' Whether the employer conducts a formal domestic inquiry or not is another aspect. However, without proceeding further, i.e., conducting a domestic inquiry, suspension is not advisable.

In any event, suspension should not exceed 90 days; otherwise, full salary would be payable. During the initial 90-day period, a subsistence allowance as per the standing orders applicable to the industry will have to be paid.

Principle of Natural Justice in Employee Suspension

There is no prescribed time limit, nor can there be. However, the Principle of Natural Justice must be maintained. Undue delay on the part of the employer is likely to be challenged and can go against the employer as mala fide action or victimization. Additionally, beyond 90/120 days of suspension pending inquiry, the subsistence allowance will be 75%.

Regards,

Shailesh Parikh
[Phone Number Removed For Privacy-Reasons]
Vadodara

Understanding Suspension in the Workplace

From the query, it is not clear whether it is suspension as a punishment or suspension pending inquiry that is contemplated. The position regarding suspension as a punishment is that you have to strictly follow the applicable Standing Orders or Service Rules, as the case may be, on the duration of such suspension.

In the case of suspension pending a departmental inquiry, though there is no outer limit prescribed in law, it has to be reasonable. Supreme Court guidelines stipulate that all cases of suspension have to be reviewed periodically (at least once every six months) as to the desirability of prolonging it further.

The stage of the proceedings is also not very clear as to whether a charge sheet has been issued or not, and if issued, the response thereof. At any rate, it can be safely concluded that there cannot be an indefinite suspension, and the delay in concluding the proceedings would be hard to defend if challenged in court.

Dear GKR20,

Suspension pending enquiry

Suspension pending enquiry is an administrative action by the Disciplinary Authority empowered by the Service Regulations or Standing Orders of the organization. Not all charges of misconduct warrant suspension pending enquiry, but only those of very grave charges which require the temporary removal of the delinquent from the post held by him, which can give him the positional advantage of tampering with the records or influencing the witnesses. That's why it is expected that while suspending an employee pending enquiry, the concerned authority should have a proper application of his mind to the nature of the charges leveled. Normally, if the charges are not proved to the hilt or beyond any reasonable doubt, the employee is going to be reinstated with all the attendant benefits after dropping of the charges and revocation of the suspension.

Imputation of malice

Imputation of malice on the part of the Disciplinary Authority is not possible in all disciplinary cases which end up in favor of the delinquent employee, except in rare among the rarest cases like that of former ISRO scientist Mr. Nambi Narayanan, that too at the intervention of the Apex Court ordering the Government to pay compensation. Therefore, it would enlighten us if you quote the authority to make the erring authority liable to pay compensation to the scale you mentioned and recovery thereof in case of default.