Can I tell my employer you can proceed with the ex-parte for suspended pending enquiry during the suspension period?

I had an inquiry. Can I tell my employer you can proceed with the ex-parte for suspended pending inquiry during the suspension period? I have no problem with the findings.

If you are not worried about the decision to come against you, why should you waste time by attending the enquiry and then telling them that whatever charges leveled against you are valid and you admit the charges? If you don't attend the enquiry, it will be decided ex parte, and the order will be issued. That's all.

Sudip,

I do not know your age. If you have more than 10 years left to retire, you have to worry about your career. Maybe the employer has suspended you, but if you do not participate in the inquiry, they will issue you a certificate mentioning that. This will mar your chances of getting another job. To not adversely affect your future, attend the inquiry, contest, present your side; God knows, you will be found not guilty. Running away from the inquiry is certainly not good.

Vibhakar Ramtirthkar.

Dear Sudip,

An ex parte order means the final decision of the adjudicator based on the contentions of one party in the complete non-participation of the other party to the dispute.

Therefore, you can file your written contention about the charges made against you and request the enquiry officer to treat that as your final stand. Then it would be an order based on merit.

Another important point is that in case of unequivocal admission of the charges by the delinquent employee, there is no necessity to conduct a domestic enquiry.

What are the facts? What is the context?

Why have you been suspended? Is it in the context of an inquiry that is being contemplated?

Are you in public or private employment? What is the law/rule/regulation under which you have been placed under suspension?

In public service, suspension by itself is not a punishment.

There are no details of the case - what are the allegations, why suspended, where you are working, etc. If you do not care about the outcome of the inquiry, why this query at all? It is a mere waste of time for all the forum members, is it not? If anyone is seeking a response or a solution for their issues, clarifications, etc., they need to present in detail to get an appropriate response.

Dear Citehr Member Shri Sudip Samanta,

Our senior Citehr professionals have openly narrated their valuable opinions which are correct. The only thing I want to state from my side is that you have been suspended pending inquiry, and the inquiry seems to be in progress. You are at liberty to not attend the inquiry, and in that case, there is no need to give anything in writing. The Inquiry Officer will follow the due process/procedure to conduct an inquiry ex parte under the provisions of applicable service rules. The findings are to be given on the basis of evidence produced during the inquiry. The onus of proving the charge lies on the prosecution. In some cases, it has been observed that even in ex parte inquiries, the charges have not been proved as the relevant evidence was not on record/not produced during the inquiry. Therefore, it is up to you to attend or not attend the inquiry. Even if you don't attend the inquiry, you will be given another last opportunity to make a representation on the inquiry report.

The penalty to be given on the basis of the inquiry report, if the charges are proved, will depend upon the judgment of the Disciplinary Authority. You can plan your course of action accordingly.

I shall request you to validate the opinions given by all experts.

With good wishes,
Chandramani Lal Srivastava
Master Consultant - Disciplinary Matters, HR-IR, Tenders and Contract Management
9315516083
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