Again, I ask : does it matter if the complaint is oral or writing or even if the management takes a suo moto cognisance of any incident or misconduct ? So long as the details are provided in the charge sheet, it should meet the needs of natural justice.
Tell me, if the sweeper did not complain, but a senior director saw it and asked the plant head to suspend the manager and file a charge sheet, what is the position ? The director can not issue a charge sheet because the sweeper did not bother to make a written complain ?
I had 2 other queries in my post to which I have not got an answer ....
From India, Mumbai
2358Tell me, if the sweeper did not complain, but a senior director saw it and asked the plant head to suspend the manager and file a charge sheet, what is the position ? The director can not issue a charge sheet because the sweeper did not bother to make a written complain ?
I had 2 other queries in my post to which I have not got an answer ....
From India, Mumbai
Respected Shri V K Gupta ji,
I fully agree with your statement that “It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid to you. Charge sheet is to be issued by the authority and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.”
But in case “ The Authority does not give specific reason as stated in their suspension order and does not reply to any of the letters of the employee for about one year before issuing the Charge sheet and also do not pay 75% salary after 90 days and full salary after 180 days with all consequential benefits for 2 ½ year to the employee before disposing off the suspension matter after conducting vague and biased departmental enquiry in hurry without producing proper evidences and witnesses, which amounts to a fraud on the part of Authority against the employee” – what should the employee do even if he does not get justice from the court?
Ashok Gupta
From India, Mumbai
I fully agree with your statement that “It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and thereafter 75% salary will be paid to you. Charge sheet is to be issued by the authority and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.”
But in case “ The Authority does not give specific reason as stated in their suspension order and does not reply to any of the letters of the employee for about one year before issuing the Charge sheet and also do not pay 75% salary after 90 days and full salary after 180 days with all consequential benefits for 2 ½ year to the employee before disposing off the suspension matter after conducting vague and biased departmental enquiry in hurry without producing proper evidences and witnesses, which amounts to a fraud on the part of Authority against the employee” – what should the employee do even if he does not get justice from the court?
Ashok Gupta
From India, Mumbai
I am not too familiar with this subject, but will an employee actually wait 2.5 years on suspension ? Would he not look for an job ? Do people actually sit at home for that long ? Of course he is getting full salary.
From India, Mumbai
From India, Mumbai
Mr Banerjee's comments seems to be most sensible. A member has put a query without giving any background of the case.
We, readers are totally confused about what discussion is going on. Request for clarity, with example, atleast while opening the post to understand better.
From India, Mumbai
We, readers are totally confused about what discussion is going on. Request for clarity, with example, atleast while opening the post to understand better.
From India, Mumbai
I too agree with Abhay Bandekar, we all give our opinions on the situation that is not 100% clear. We all give our opinion understanding the situation in our own way. Anyway V.K. Guptaji, this forum is open for all to express their opinion. No one can say enough or long discussion etc. If you are not agree or not interested then, you can chose not to express your opinion or you can express it in proper way. I Hope you will learn how to express the opinion in open forum.
Regards,
Avinash K.
From India, Mumbai
Regards,
Avinash K.
From India, Mumbai
Thanks Shri Banarjeeji and Shri Abhaybandekarji,
As per your quarry, I have to inform that the matter is very much clear here that the suspended employee received the suspension order from the authority on the basis of some unknown person’s report in some departmental matter. The copy of that report is not supplied to the employee till the date, though the employee has been harshly punished. Even the authority has not supplied that report when the employee sought it through RTI application after receiving punishment. The employee was kept under suspension for about 2 ½ years without his receiving the 75% salary after 90 days and full salary after 180 days and all other consequential benefits as mentioned above by Shri V K Gupta ji.
Here, there is no question of the employee to wait for 2.5 years on suspension and sit at home for that long or looking for another job.
The question is that - what should the employee do even if he does not get justice from the court? Can he make a fraud case against the authority, if yes, under which section?
Thanks and Regards.
From India, Mumbai
As per your quarry, I have to inform that the matter is very much clear here that the suspended employee received the suspension order from the authority on the basis of some unknown person’s report in some departmental matter. The copy of that report is not supplied to the employee till the date, though the employee has been harshly punished. Even the authority has not supplied that report when the employee sought it through RTI application after receiving punishment. The employee was kept under suspension for about 2 ½ years without his receiving the 75% salary after 90 days and full salary after 180 days and all other consequential benefits as mentioned above by Shri V K Gupta ji.
Here, there is no question of the employee to wait for 2.5 years on suspension and sit at home for that long or looking for another job.
The question is that - what should the employee do even if he does not get justice from the court? Can he make a fraud case against the authority, if yes, under which section?
Thanks and Regards.
From India, Mumbai
If the courts have already decided against him then there is no recourse.
The court must have taken a decision based on the details of the matter that was put before the court and the lawyer of the suspended employee must have had an opportunity to put forward the absence of natural justice. If the court has decided that the company is right in suspending and terminating the employee, then that is the end of the matter unless you wish to go in appeal.
the employee used RTI to get a copy ?
So this is a government department or a PSU ?
From India, Mumbai
The court must have taken a decision based on the details of the matter that was put before the court and the lawyer of the suspended employee must have had an opportunity to put forward the absence of natural justice. If the court has decided that the company is right in suspending and terminating the employee, then that is the end of the matter unless you wish to go in appeal.
the employee used RTI to get a copy ?
So this is a government department or a PSU ?
From India, Mumbai
Thanks Shri Banarjeeji,
It is a PSU and RTI is used after the court matter was over because the court did not decide the matter on merits and disposed it the other way and even the employee did not get justice after appeal due to some lapse on the part of lawyer of the suspended employee.
Hence the employee has no other way but to make a fraud case. And in this matter fraud is absolutely clear having many evidences on record against the authority.
So kindly advice - can the employee make fraud case against the authority or not to get justice?
I feel there is no time limit for filling the fraud case.
Thanks and Regards.
From India, Mumbai
It is a PSU and RTI is used after the court matter was over because the court did not decide the matter on merits and disposed it the other way and even the employee did not get justice after appeal due to some lapse on the part of lawyer of the suspended employee.
Hence the employee has no other way but to make a fraud case. And in this matter fraud is absolutely clear having many evidences on record against the authority.
So kindly advice - can the employee make fraud case against the authority or not to get justice?
I feel there is no time limit for filling the fraud case.
Thanks and Regards.
From India, Mumbai
this is getting into an area that is not of my expertise.
From the best of my knowledge, the case would be time barred after 3 years except in case where evidence was suppressed from the concerned petitioner, which is probably not the case here.
If the lawyer was incompetent, then i guess he does not have much option. If the lawyer deliberately did not fight it properly, then he has a grevience that he can approach the court with . Also he can appeal to the higher court (unless the time for appeal is over).
Whether filing a case for fraud will work depends on the evidence and the manner in which it was done. I can not comment on it with the little information we have with us at this time. You need to speak to a good lawyer. but then again, you need money to fight such a case as it will drag for a long time.
From India, Mumbai
From the best of my knowledge, the case would be time barred after 3 years except in case where evidence was suppressed from the concerned petitioner, which is probably not the case here.
If the lawyer was incompetent, then i guess he does not have much option. If the lawyer deliberately did not fight it properly, then he has a grevience that he can approach the court with . Also he can appeal to the higher court (unless the time for appeal is over).
Whether filing a case for fraud will work depends on the evidence and the manner in which it was done. I can not comment on it with the little information we have with us at this time. You need to speak to a good lawyer. but then again, you need money to fight such a case as it will drag for a long time.
From India, Mumbai
Dear Seniors
We are here to find out some solutions of any specific problem
In my case company X issued the charge sheet on the basis of Model Standing Orders.
But in my appointment letter there was no such clause under which they can issue charge sheet.
Even the company dont have any service rule.
But when I challenged before the Shops and Establishment,govt of west bengal, company X produced a back dated circular claiming that they have charge sheeted me with the help of this circular which was rightly rejected by the Shops & establishment authority govt of west bengal.
Now again the company X have produced the same documents before the honurable High Court - Kolkata which is under process
Valued opinion is solicited as to how to proceed in the matter and achieve results.
From India, Calcutta
We are here to find out some solutions of any specific problem
In my case company X issued the charge sheet on the basis of Model Standing Orders.
But in my appointment letter there was no such clause under which they can issue charge sheet.
Even the company dont have any service rule.
But when I challenged before the Shops and Establishment,govt of west bengal, company X produced a back dated circular claiming that they have charge sheeted me with the help of this circular which was rightly rejected by the Shops & establishment authority govt of west bengal.
Now again the company X have produced the same documents before the honurable High Court - Kolkata which is under process
Valued opinion is solicited as to how to proceed in the matter and achieve results.
From India, Calcutta
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