Suspension Due to ACB Case: Seeking Guidance
I have been suspended for the last two years due to an ACB case, without being served a charge sheet by my employer. Moreover, a reinstatement order has not been issued. My employer, GETCO, is a government company located in Vadodara. The case is pending at the Jamnagar district court due to the framing of charges/plea. Please guide me in this matter and oblige.
Regards.
From India, Vadodara
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I have been suspended for the last two years due to an ACB case, without being served a charge sheet by my employer. Moreover, a reinstatement order has not been issued. My employer, GETCO, is a government company located in Vadodara. The case is pending at the Jamnagar district court due to the framing of charges/plea. Please guide me in this matter and oblige.
Regards.
From India, Vadodara
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Suspension is a temporary ban on an employee's attendance at their duties due to an inquiry, either contemplated or in progress, into certain grave charges of misconduct. The inquiry may be departmental or a criminal case pending in a Court of Law. The intention and purpose behind such an action are to prevent the delinquent from meddling with the inquiry by continuing in their job or official position.
At times, an independent departmental inquiry can be conducted on the same charges against which a criminal case is in progress, and their scopes are different. What is important is whether the suspended employee has been periodically paid the subsistence allowance as per the service rules. However, there are instances where the employer can solely rely on the outcome of the criminal case, exercising discretion in view of the length of time consumed and unnecessary payment of subsistence allowance. The employer can revoke the suspension and reinstate the delinquent in a non-sensitive post.
Particularly in ACB cases involving embezzlement of public funds, no prudent employer would come forward to revoke suspension and order conditional reinstatement due to the undue passage of time. In the absence of a clear picture of your case, I think no one can suggest anything definitively this way or that way!
Regards.
From India, Salem
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6108At times, an independent departmental inquiry can be conducted on the same charges against which a criminal case is in progress, and their scopes are different. What is important is whether the suspended employee has been periodically paid the subsistence allowance as per the service rules. However, there are instances where the employer can solely rely on the outcome of the criminal case, exercising discretion in view of the length of time consumed and unnecessary payment of subsistence allowance. The employer can revoke the suspension and reinstate the delinquent in a non-sensitive post.
Particularly in ACB cases involving embezzlement of public funds, no prudent employer would come forward to revoke suspension and order conditional reinstatement due to the undue passage of time. In the absence of a clear picture of your case, I think no one can suggest anything definitively this way or that way!
Regards.
From India, Salem
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