I am working in a private bank. I have been suspended since September 2018 for submitting fake documents on behalf of a client. After four months, I received a charge sheet outlining acts of commission and omission. I am scheduled to respond within two days.
What should be my next step?
When can I submit my resignation? Even if there is no action taken following my response, should I still resign? Are there specific timeframes or rules governing the period of suspension, issuance of charge sheets, the inquiry process, and subsequent disciplinary actions?
Resignation and Relief Process
If I choose to resign, will my resignation be accepted, and will I be relieved? How long after submitting my resignation can I expect to be formally relieved of my duties? Please advise me on the best course of action, as it has been over four months since the suspension.
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What should be my next step?
When can I submit my resignation? Even if there is no action taken following my response, should I still resign? Are there specific timeframes or rules governing the period of suspension, issuance of charge sheets, the inquiry process, and subsequent disciplinary actions?
Resignation and Relief Process
If I choose to resign, will my resignation be accepted, and will I be relieved? How long after submitting my resignation can I expect to be formally relieved of my duties? Please advise me on the best course of action, as it has been over four months since the suspension.
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On the basis of alleged charges of omission and commission in the discharge of your duties, you have been placed under suspension. Therefore, no employer would normally accept the resignation submitted by an employee facing disciplinary proceedings.
Recent Supreme Court Judgment
In a recent judgment of the Supreme Court of India [Prem Nath Bali v. Registrar, High Court, Delhi], the honorable Court categorically observed as follows:
"Every employer (whether State or Private) must make a sincere endeavor to complete the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings, and as far as possible, it should be concluded within six months as an outer limit."
Therefore, you can request the management to commence the inquiry at the earliest or revoke your suspension without prejudice to the disciplinary action.
From India, Salem
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6108Recent Supreme Court Judgment
In a recent judgment of the Supreme Court of India [Prem Nath Bali v. Registrar, High Court, Delhi], the honorable Court categorically observed as follows:
"Every employer (whether State or Private) must make a sincere endeavor to complete the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings, and as far as possible, it should be concluded within six months as an outer limit."
Therefore, you can request the management to commence the inquiry at the earliest or revoke your suspension without prejudice to the disciplinary action.
From India, Salem
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc