Dear Nims,
I can understand your difficulties. But, one thing needs to be understood well that there is a great difference in fact and fiction. The fiction is the work-life balance, which is a personal affair of an employee and that is the personal responsibility of the employee to give that a practical shape by making appropriate adjustments between his/her daily chores of his family life and the schedules of his/her official life. If some organization ethically takes care of the personal needs & affairs of its employees that can be treated as an ideal organization, which is quite rare on this earth.
Contrarily, the fact is that, irrespective of the personal or family life affairs of an employee, every individual is destined to work in the interest of the organization, which pays him/her with sole aim of taking care of the interests of the organization. Only a few individual officers/ managers of some organizations can be expected to take care of the work-life balance of their team members, provided the team member also takes enough care to help the boss to discharge his organizational duties and responsibilities well towards achievement of official targets by maintaining utmost performance efficiency of the team in general and the boss in specific.
So, work-life balance cannot be claimed as a matter of right from the employer by any employee, nor any rule or act of law binds an employer to ensure work-life balance of the employees against the interest of the organization. If he does so that can be taken as a matter of grace and gratitude on the part of the employer or the management.
So far as your suspension is concerned, in Government/PSU system, suspension is not treated as a punishment. Rather, suspension is resorted to restrain the employee to take part in official work and also to avoid him/her to tamper with the evidence against him/her. Suspension is a common practice in the workplace for being in violation of an organization's policy, or major breaches of policy. Work suspensions occur when the administration/ management deems an action of an employee, whether intentional or unintentional, to be a violation of policy that should result in a course of punishment, and when the employee's absence during the suspension period does not affect the working of the organization. Although the decision to suspend is not necessarily disciplinary in nature, when suspension takes place it is normally in circumstances involving potential gross misconduct. Alternatively, suspension may happen where relationships have broken down, or where it is considered there are risks to your employer's property/ records to be tampered with.
About your query, "when the case is in the court, can a company suspend an employee, when the company had agreed in the court that no action will be taken," in the absence of any stay order the company can suspend an employee to restrain him from participating in the day to day activity of the company. If the company agreed not to take action that means, although due, the company would avoid taking any disciplinary action against you till the pendency of the court case. But if you think seriously that also goes against your own interest. The court proceedings may take a very long time, whereas the company withholds (not cancelled) its decision to take action against you till the court case is decided. The company, if suspended you, can be considered to have determined to take disciplinary action against you any time after the verdict of the court in your case comes. The finalization of disciplinary case taken thereafter is also likely to take years together. So, till both the cases are finalised and also the punishment period is over, if punished in disciplinary case, your career/ promotions will surely be affected adversely.
So, you will have the need to fight both the cases wisely and effectively.
Please don't think that I am trying to terrify you. I am simply trying to make you aware of the facts of official life and to make you alert about the likely future dilema to happen for you to face and to plan your activities tactfully and wisely to tackle that.
From India, Delhi
387I can understand your difficulties. But, one thing needs to be understood well that there is a great difference in fact and fiction. The fiction is the work-life balance, which is a personal affair of an employee and that is the personal responsibility of the employee to give that a practical shape by making appropriate adjustments between his/her daily chores of his family life and the schedules of his/her official life. If some organization ethically takes care of the personal needs & affairs of its employees that can be treated as an ideal organization, which is quite rare on this earth.
Contrarily, the fact is that, irrespective of the personal or family life affairs of an employee, every individual is destined to work in the interest of the organization, which pays him/her with sole aim of taking care of the interests of the organization. Only a few individual officers/ managers of some organizations can be expected to take care of the work-life balance of their team members, provided the team member also takes enough care to help the boss to discharge his organizational duties and responsibilities well towards achievement of official targets by maintaining utmost performance efficiency of the team in general and the boss in specific.
So, work-life balance cannot be claimed as a matter of right from the employer by any employee, nor any rule or act of law binds an employer to ensure work-life balance of the employees against the interest of the organization. If he does so that can be taken as a matter of grace and gratitude on the part of the employer or the management.
So far as your suspension is concerned, in Government/PSU system, suspension is not treated as a punishment. Rather, suspension is resorted to restrain the employee to take part in official work and also to avoid him/her to tamper with the evidence against him/her. Suspension is a common practice in the workplace for being in violation of an organization's policy, or major breaches of policy. Work suspensions occur when the administration/ management deems an action of an employee, whether intentional or unintentional, to be a violation of policy that should result in a course of punishment, and when the employee's absence during the suspension period does not affect the working of the organization. Although the decision to suspend is not necessarily disciplinary in nature, when suspension takes place it is normally in circumstances involving potential gross misconduct. Alternatively, suspension may happen where relationships have broken down, or where it is considered there are risks to your employer's property/ records to be tampered with.
About your query, "when the case is in the court, can a company suspend an employee, when the company had agreed in the court that no action will be taken," in the absence of any stay order the company can suspend an employee to restrain him from participating in the day to day activity of the company. If the company agreed not to take action that means, although due, the company would avoid taking any disciplinary action against you till the pendency of the court case. But if you think seriously that also goes against your own interest. The court proceedings may take a very long time, whereas the company withholds (not cancelled) its decision to take action against you till the court case is decided. The company, if suspended you, can be considered to have determined to take disciplinary action against you any time after the verdict of the court in your case comes. The finalization of disciplinary case taken thereafter is also likely to take years together. So, till both the cases are finalised and also the punishment period is over, if punished in disciplinary case, your career/ promotions will surely be affected adversely.
So, you will have the need to fight both the cases wisely and effectively.
Please don't think that I am trying to terrify you. I am simply trying to make you aware of the facts of official life and to make you alert about the likely future dilema to happen for you to face and to plan your activities tactfully and wisely to tackle that.
From India, Delhi
Apparently, the suspension is part of the chain of your transfer, you non-compliance of the transfer order and seeking judicial review. However, for the time being the legal elements are such that the issue of suspension needs to be viewed as an unrelated event. It appears from the facts disclosed that you have been placed under suspension pending disciplinary proceedings. unless you wish for an amicable settlement, let the matter remain so. The onus rests with the management to issue the charge-sheet conduct the proceedings. Further course of action could be decided once the charge sheet is issued..
As regards to transfer, the court is already ceased of the matter; they have called for the papers. Let it take its course.
From India, Kochi
As regards to transfer, the court is already ceased of the matter; they have called for the papers. Let it take its course.
From India, Kochi
Dear member, seniors and experts have already explained /recorded their views in detail in above remarks, and I think, it is not feasible to submit any new idea. But, for clarity purposes, I will request you to please, intimate following information, if possible:-
1. What is the name of PSU in which you are working ? Which of the service rules are applicable on employees working in said PSU ?
2. What is meant by "CDA Rules" as mentioned by you in your one of reply ?
3. Whether there is any transfer policy in your PSU ?
4. In which court you have filed the case i.e. whether it is appropriate court having jurisdiction as per your service rules ? So far as I remember, Central Civil Services employees/officers are required to file such cases only in CAT having appropriate jurisdiction.
From India, Noida
1. What is the name of PSU in which you are working ? Which of the service rules are applicable on employees working in said PSU ?
2. What is meant by "CDA Rules" as mentioned by you in your one of reply ?
3. Whether there is any transfer policy in your PSU ?
4. In which court you have filed the case i.e. whether it is appropriate court having jurisdiction as per your service rules ? So far as I remember, Central Civil Services employees/officers are required to file such cases only in CAT having appropriate jurisdiction.
From India, Noida
Hi..
Can PSU instead of suspention,direct terminate(as per company CDA rules) the service of a manager grade employee on transfer and after joining the transfer location, management has made to work as sales man instead of Manger grade position(may be as per sales promation act 1976) & tried harassment in all possible way,inducting salary reduction,as result after 2 yrs employee has gone long leave with email intimation to boss & HR, but leaves considered as authorized absent.
PSU has empowered to terminate the employee without conducting domestic enquiry etc..?
Please note the screen shot attached for good advice from seniors.
From India, Bangalore
Can PSU instead of suspention,direct terminate(as per company CDA rules) the service of a manager grade employee on transfer and after joining the transfer location, management has made to work as sales man instead of Manger grade position(may be as per sales promation act 1976) & tried harassment in all possible way,inducting salary reduction,as result after 2 yrs employee has gone long leave with email intimation to boss & HR, but leaves considered as authorized absent.
PSU has empowered to terminate the employee without conducting domestic enquiry etc..?
Please note the screen shot attached for good advice from seniors.
From India, Bangalore
thanks to all seniors.
with reference to Boss2966, our company is not having any locations close to my current place of postings. I had also applied for deputation,which I understand now that my company has not send the same as per the company's requirement and the recruiting company had asked for the required docs but our company is not cooperating with them. If an individual is seeking for placement in other company why they are not cooperating instead of trying to harras. what are your opinions please guide.
Also when I posted back the posting was not for one year. since the work can still be carried out from the current place,
Reference to Haresh kumar Mehta: Its an oil psu. CDA means conduct Discipline and Appeal.
Transfer policy is every 3 years, but it does not apply at par to all employees. There are many who have not been transferred for many years.
The case is filed in high court.
Thanks all and seek your guidance.
From India, Mangalore
with reference to Boss2966, our company is not having any locations close to my current place of postings. I had also applied for deputation,which I understand now that my company has not send the same as per the company's requirement and the recruiting company had asked for the required docs but our company is not cooperating with them. If an individual is seeking for placement in other company why they are not cooperating instead of trying to harras. what are your opinions please guide.
Also when I posted back the posting was not for one year. since the work can still be carried out from the current place,
Reference to Haresh kumar Mehta: Its an oil psu. CDA means conduct Discipline and Appeal.
Transfer policy is every 3 years, but it does not apply at par to all employees. There are many who have not been transferred for many years.
The case is filed in high court.
Thanks all and seek your guidance.
From India, Mangalore
Dear Nims,
I can guess, may be at your own or due to wrong guidance of some one close to you, out of ignorance about rules and regulations you had taken some steps in disgust or disppointment, which worked awfully wrong in your case and also tended to indiscipline on your part leading to enhancement of your woes.
About your application for deputation also, I may point out to you that in Government or PSU organisations, deputation is never a right based event, rather is always request oriented that too with due vigilance clearance. First of all to accept or reject a request is the sole discretion of the employer. Secondly, vigilance clearance is quite necessary before forwarding application for deputation. Thirdly, even if application is forwarded against Government instructions, no Government organistion accepts the applicant of any official/executive on deputation basis, if any vigilance/ disciplinary action is pending or even contemplated.
So, there are two negatively impacting points in your case that would have become great hurdle in forwarding your deputation application, i.e., (1) your suspension, which means a disciplinary action is pending or contemplated against you, and (2) your court case against the company that tended to have caused anger amongst the superiors. Until both are ceared and also three years are passed after close of disciplinary case, you will not become eligible for vigilance clearance for the purpose of forarding your deputation application.
So, before everything else, get the court case as well as the disciplinary proceedings expedited on top priority in defending your cases effectively. Otherwise these two events may harm your career for years together herafter.
From India, Delhi
I can guess, may be at your own or due to wrong guidance of some one close to you, out of ignorance about rules and regulations you had taken some steps in disgust or disppointment, which worked awfully wrong in your case and also tended to indiscipline on your part leading to enhancement of your woes.
About your application for deputation also, I may point out to you that in Government or PSU organisations, deputation is never a right based event, rather is always request oriented that too with due vigilance clearance. First of all to accept or reject a request is the sole discretion of the employer. Secondly, vigilance clearance is quite necessary before forwarding application for deputation. Thirdly, even if application is forwarded against Government instructions, no Government organistion accepts the applicant of any official/executive on deputation basis, if any vigilance/ disciplinary action is pending or even contemplated.
So, there are two negatively impacting points in your case that would have become great hurdle in forwarding your deputation application, i.e., (1) your suspension, which means a disciplinary action is pending or contemplated against you, and (2) your court case against the company that tended to have caused anger amongst the superiors. Until both are ceared and also three years are passed after close of disciplinary case, you will not become eligible for vigilance clearance for the purpose of forarding your deputation application.
So, before everything else, get the court case as well as the disciplinary proceedings expedited on top priority in defending your cases effectively. Otherwise these two events may harm your career for years together herafter.
From India, Delhi
Dear Nims,
Does your suspension tagged on with payment of subsistence allowance or not. I mean after suspension obviously your co. is not paying you salary, instead did they pay you the 'subsistence allowance' ??
Notwithstanding, if you have to retrieve some relief I would suggest you should engage with your HR and make arrangement to report to the place/post where they have transferred you. Failing which, I afraid you will have to undergo irreparable loss and mental stress. Also can consider withdrawing the case against the co. Most probably your co. might make it a precondition to allow you to join duty and lift the suspension order. Followed by, I presume your co. should have the Appellate Authority for redressal of grievances Forum within your administrative machnism. If so, file your petition for a compassionate posting to a desired place. But the verdict in your favour cannot be assured. In a matter of transfer/posting to an appropriate place and duty responsibilities, without loss of fixed emoluments you have hardly anything to contest. This fact you should bear it in mind pal.
From India, Bangalore
Does your suspension tagged on with payment of subsistence allowance or not. I mean after suspension obviously your co. is not paying you salary, instead did they pay you the 'subsistence allowance' ??
Notwithstanding, if you have to retrieve some relief I would suggest you should engage with your HR and make arrangement to report to the place/post where they have transferred you. Failing which, I afraid you will have to undergo irreparable loss and mental stress. Also can consider withdrawing the case against the co. Most probably your co. might make it a precondition to allow you to join duty and lift the suspension order. Followed by, I presume your co. should have the Appellate Authority for redressal of grievances Forum within your administrative machnism. If so, file your petition for a compassionate posting to a desired place. But the verdict in your favour cannot be assured. In a matter of transfer/posting to an appropriate place and duty responsibilities, without loss of fixed emoluments you have hardly anything to contest. This fact you should bear it in mind pal.
From India, Bangalore
Hello..senior's.
Some anonymous has replied of one of the well known senior post on 7th Feb.
The post is very similar to above thread but, PSU has go one step ahead under President of India company ownership.
I.E.without suspension, straight away termination & giving F&F.
PSU working like a dictator & saving on suspention salary/benefits for future leagal case in CAT.
The case seems to very strong leagly in comparison, even it may happen soon to Nims24..if didn't report asap to transfer location.
Surprise to note that non of the seniors are interested to reply the anonymous posted reply.
The screen shot attached is more clear laws on the importance of
Demostic enquiry..
TC.
From India, Bangalore
Some anonymous has replied of one of the well known senior post on 7th Feb.
The post is very similar to above thread but, PSU has go one step ahead under President of India company ownership.
I.E.without suspension, straight away termination & giving F&F.
PSU working like a dictator & saving on suspention salary/benefits for future leagal case in CAT.
The case seems to very strong leagly in comparison, even it may happen soon to Nims24..if didn't report asap to transfer location.
Surprise to note that non of the seniors are interested to reply the anonymous posted reply.
The screen shot attached is more clear laws on the importance of
Demostic enquiry..
TC.
From India, Bangalore
Dear anonymous,
The earlier anonymous has been posting this query in the forum on many occasions and has been adviced that his query can only be addressed by legal actions.
Forum has no practical solution for the happening as described by Anonymous.
""""Surprise to note that non of the seniors are interested to reply the anonymous posted reply.""""
So this statement is incorrect.
Also remember that advice by seniors is a voluntary act out os interest to assist the community at large and no one can draw a conclusion and get surprised.
From India, Pune
The earlier anonymous has been posting this query in the forum on many occasions and has been adviced that his query can only be addressed by legal actions.
Forum has no practical solution for the happening as described by Anonymous.
""""Surprise to note that non of the seniors are interested to reply the anonymous posted reply.""""
So this statement is incorrect.
Also remember that advice by seniors is a voluntary act out os interest to assist the community at large and no one can draw a conclusion and get surprised.
From India, Pune
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