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Employee Suspension

(Querist) 13 July 2011 This query is : Resolved 
Dear reader ,
My father has been an employee of a state government company for over the past 25 years . Recently , he was suspended because of him not performing a proper enquiry about the financial status of another company with whom business was being carried out by his company .
Under the management of the previous MD , on the recommendation of a Business Advisor , the company entered into contract with another company [say ABC ] . Now my father was recently allotted the duty of handling this affair of export import matter of which he has had no prior experience .He and the GM were assigned the responsibility of signing the cheques to ABC as per contract . Prior approval was taken by the previous MD [by the GM ] orally . When asked by the father about a written approval , he wasn't allowed to even communicate . Hence he had to cooperate with the higher officials and sign the cheques . Also , the MD , GM and Special Officer were involved in talks about this contract and were again unapproachable.
Now , there has been a huge loss of crores to the company since the consignment was not delivered and the cheque received by ABC bounced back . Hence my father has been suspended on the ground that he and his GM have failed in their duty to thoroughly investigate into the financial status and bank accounts of the company . Although , the financial status was enquired into by the GM and there are papers that were collected which denote the financial transactions of ABC with other companies .

My father has had a very good record with the company so far , but unfortunately he has to live this experience now . Further he shall be retiring in less than two years time . I therefore request you to kindly provide me with possible solutions to resolve this problem .

Also kindly tell me what are the possible liabilities of my father . There is an enquiry board that shall soon be formed by the company before whom my father is answerable . Also in the worst case scenario ,what can happen to my father as an employee ?

Please answer to all of my queries or any of which you do know. I appreciate your time and help very much. Thank you.

PLEASE HELP. :(
Guest (Expert) 17 July 2011
Dear Vartika,

This is a case of gross indiscipline with regard to financial irregularities in a company. But, you have not mentioned whether the enquiry board has to conduct preliminary investigation before issue of any charge sheet to your father, or any charge sheet has already been issued to your father after placing him under suspension and the board has to conduct a regular departmental inquiry in to the case?

You have also not mentioned whether any contract was formally awarded to the ABC company or not, and whether any agreement was also made with the company and who signed those documents?

So, frankly speaking, any advice to your queries based on the information provided by you cannot be given unless the case is gone through properly.

It may however be pointed out, besides going through the actual charge in the charge sheet issued to your father along with the documents based on which the charge is proposed to be proved, several other background documents would also be needed to be gone through. Based on that only it can be seen to what extent involvement of the MD and business advisor can be established. However, it may be made clear, for payment of crores of rupees, any verbal approval by the GM may not help, as none would agree to that. The MD can deny for having given verbal consent for making payment.

However, since the career of your father is at stake and any careless handling at this stage may not only destroy the reputation of your father, but also he can lose the most crucial retirement benefits besides the risk of getting jail sentence for embezzlement of the huge funds of the company if timely remedial action is not taken.

You may, if you like can send more information at the following mail ID:
[dcgroup1962@gmail.com]

With best wishes

PS Dhingra
CEO
Dhingra Group of Consultants
New Delhi
[dcgroup1962@gmail.com]
Mob: 09968076381



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