Withdrawl of suspension after 90 days.
jyoti
(Querist) 01 March 2015
This query is : Resolved
Supreme Court has given a decision that an employee can not be kept on suspension beyond 90 days if no charge-sheet is served. Is it applicable to State Bank of India? Can an aggrieved person go to court under PIL as it is of common interest to several suspended persons in different Bank?Whether one should approach Supreme Court directly or move to High Court?
Guest
(Expert) 01 March 2015
Since the matter of interest pertains to employees of all India, the PIL can be filed in the SC.
R.K Nanda
(Expert) 01 March 2015
u can file PIL in SC.
Rajendra K Goyal
(Expert) 01 March 2015
Represent to the Bank / send notice for revoking suspension in view of the Supreme Court Ruling.
malipeddi jaggarao
(Expert) 02 March 2015
PIL will not be entertained as aggrieved persons are a particular section of employees not the public. Even in the SC decision, there might be some qualifications and the bank will take shelter under such qualifications. Represent the Bank for revocation of suspension in the light of SC ruling. They will not bother as they know, there is no remedy except to file a Writ in HC. to get a decision of Writ petition, it takes years together. What the Officers Association people are doing? Take their assistance.
P. Venu
(Expert) 02 March 2015
The decision of the Supreme Court in AJAY KUMAR CHOUDHARY lays down the definite law that suspension cannot be prolonged beyond 90 days if no chargesheet is issued. You may represent to the competent authority or file a writ petition based on this principle. A positive development is bound to occur - either the suspension would be revoked or chargesheet would be issued.
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
Agreed with the views of expert Mr. P. Venu. So better approach the employer and watch for the result.
jyoti
(Querist) 08 March 2015
What should be the all-in-cost for filing a writ in HC and what should be the duration?As the charge-sheet has not be served, can reinstatement take place even if charge-sheet is served in the interim just to defeat the process?
In case I go for a PIL to SC, what should be the cost and will the judgement,if any, will be applicable to similar cases who might not have been impleaded themselves. What should be the timeframe. The Bank has not acted upon certain other irregularities pointed out by me in the nature of whistle-blowing. Can I include this?
jyoti
(Querist) 08 March 2015
Should I directly represent to the authority or serve a lawyer's notice?
Devajyoti Barman
(Expert) 09 March 2015
No PIL lies i this case. Individual writ petition can be filed.Cost of case differs from state to state , lawyer to lawyer.
The SC decisions has already pan indian ramifications and hence no further PIL is required to be done. Now anyone aggrieved by the beyond 90 days suspension can move to high court under hearing Writ of Mandamus.
jyoti
(Querist) 13 March 2015
Supreme court has a legal aid provision for middle-income group.How can I access that?In case I make an e-filing and subsequently engage a lawyer after listing, is it possible?
P. Venu
(Expert) 13 March 2015
Yes, you can seek the help of an advocate in drafting the Petition and e-file the same.
jyoti
(Querist) 15 March 2015
I contacted an advocate .The writ petition is prepared. But he is not sure about the format of affidavit. Whether the entire petition has to be in affidavit format or an affidavit has to filed separately.What wil be stated there? He is not acquainted with the e-filing format
jyoti
(Querist) 15 March 2015
Another point he found out that the suspension order has to mention about the appeal against suspension as per service conditions. But it was omitted. Can it be a ground for declaring suspension order void ab initio besides the fact of chargesheet not being served.
Guest
(Expert) 15 March 2015
Ms. Jyoti,
You are just beating in the air without discussing background history of the case.
Even your statement, "the suspension order has to mention about the appeal against suspension," reveals, either your lawyer is not well versed with the process of discipline and appeal rules or you have misinterpreted the statement of your lawyer. Get that reconfirmed.
However, for detailed discussion on phone, if desired, you may click at the link: "CLICK TO TALK" at my profile page to be accessed by clicking my name at the left here.
OR
Open the following link in a separate browser
http://www.lawyersclubindia.com/lci_connect/default.asp?member_id=98620
