Suspension from service
Nick
(Querist) 02 February 2011
This query is : Resolved
Currently my father was suspended from his primary school teacher service from arrest date onwards against 498A/304B ipc.My self is the prime accused persoin in this case.We made a petition against the suspension order and HC has given a order as below in quotation.
"
.....
After considering the submissions made by the learned advocates of the parties and
upon perusing the instant writ petition, this Court is of the view that in the facts and
circumstances of the instant case, the entire matter can be placed before the Chairman of the
concerned Council to enable him to reconsider the order of suspension dated 24th
September, 2009, afresh, after giving adequate opportunity of hearing to the petitioner. The
entire exercise in terms of this order shall, however, be completed by the Chairman as
expeditiously as possible, preferably within a period of four weeks, but not later than six
weeks from date of communication of a photostat certified copy of this order.
Since no affidavits have been filed, allegations made in the writ petition are deemed
to be not admitted by the answering respondents.
The instant writ petition stands disposed of accordingly
"
but against this order from HC chairman of primary school education is not ready to give my father to join the school.My father is in bail and getting 50% of salary as per Sub-Rule 4 of Rule 7.
In the suspension order from HC it is written "....He is hereby suspended from his service w.e.f. ****** in terms of notification no 906-SE(Prv) Dated.9th July 2001 till disposal of the case.
He is entitled to get monthly subsistence allowance in terms of Sub-Rule 4 of Rule 7 as per above notification."
Please guide me what to do next?please.
Guest
(Expert) 02 February 2011
Dear Nick,
The Order of the HC is not a clear direction to the Chairman to reinstate your father in service by revoking his suspension. The order required the Chairman to reconsider the case of suspension. So, it was up to the discretion of the competent authority, on reconsideration of the case, whether to revoke the suspension order or not. The Chairman has used his discretion by not revoking the suspension.
So, the suspension can continue till your father is honorably exonerated by the court of law. On his exoneration, the period of his suspension can be treated as duty for all purposes and arrears of pay can also be paid to your father in lump sum.
However, for the present your father can request the competent disciplinary authority to increase the subsistence allowance, which he can revise to enhance that up to 50% of th existing subsistence allowance, if there is any provision in the relevant conduct, discipline and appeal rules in force. So, your father may please check, himself or with the help of some expert in disciplinary matters, the provisions of the Discipline and Appeal Rules and apply referring the relevant rule on the issue.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Kirti Kar Tripathi
(Expert) 02 February 2011
When this order was passed. Whether the Chairman has decided the matter in pursuance of said order. If it has not decided you may file a contempt petition, if he has rejected your father's prayer, he can file a fresh petition challenging that order and pray for vacation of suspension order.
Ajay Bansal
(Expert) 04 February 2011
Again go to High Court.
