AJAY KUMAR 07 May 2016

Suspension without chargesheet for more than 7 months

Sir

I was am an employee of FCI. I was placed under suspension by the authorityother than appointing authority.There was no reason mentioned in suspension order for suspension.Hence I have sent many representations to the higher authorities of FCi to investigate the matter regularly, but neither inquiry nor revocation of suspension was done by any authority. Moreover my representations were sent to the accused authority in the name of clarification by the higher offices. and hence the accused authority have deleted and generated some proofs against me. However the suspension was revoked after 7 months and a chargesheet with minor penalty was served upon me after 8 months. The reply of chargesheet has been furnished by me 01 month ago and decision is pending till date.

In view of above:-

1. Can I write for regularization of suspension period as well as quick decision of case as my promotion is due in this year?

2. Whether any legal suit for defamation cause to me can be filed against the accused officer who placed me under suspension without intimating me about the casue of suspension and continued it for such a long time and also generated or deleted the proofs.

3. Recently two employees have committed suicide by such harassments caused by the Area Manager, whether such instances can lead any PIL?

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5 Replies

P. Venu (Advocate) 07 May 2016

"the suspension was revoked after 7 months and a chargesheet with minor penalty was served upon me after 8 months." This is an impossible situation. Imposition penalty follows the charge memo, if charges are proved and following the due process.

Kumar Doab (FIN) 07 May 2016

At times the poorly informed/high headed/egoistic bosses commit blunders and a properly informed and supported employee can poke holes and succeed.

It shall certainly better to show all docs on record to an able counsel specialzing in labor-service matters and well versed with such matters and engage a good defence assistnat as well.

If what is posted by you is true then you stand a chance.

Did other employees leave a suicide note and name this boss?

If yes, the union can create a noise and everything might be possible, based on facts.

AJAY KUMAR 07 May 2016

P. Venu sir please elaborate and commitment of suicide may be checked at page 3 of dainik jaran ranchi edition of 4th may 2016

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 08 May 2016

1) Since u r awarded minor penalty, how to treat the suspension period with wages are mentioned.

2) I exonerated, u are entitled all benefits automatic.

3) Take up with the Unions of FCI who are well organised and can sort ur problem better with Management on the spot.

Sudhir Kumar, Advocate (Advocate) 10 May 2016

Not able to fully agree, I offer following vies:-

(i) it is possible that suspension may revoked after chargehseet.

(ii) you have to wait finalisation of the case with dropping or a minor penalty then you can plead that suspension was unjustified (depends upon the total facts which are not shred by you) and seek regularisation. If suspension was justified at that stage the period can be regularised as admissible leave.

(iii) even in dropping or a minor penalty the regularisation is not auitomatic. a seperate ofrder is issued.

(iv) Given facts do not give cause of any defamation.

(v) Given facts do not eleborate the nexus between sucide of other employees and in your case. SO no useful view can be formed.