Charge Sheet not issued even after more than nine months of suspension.
Querist :
Anonymous
(Querist) 07 June 2011
This query is : Resolved
I was Branch Head in a scheduled commercial Bank and was suspended on 26-08-2010 without issuing any explanation/memo. Further after a lapse of more than nine months no charge sheet has been framed and issued to me till date.
Is there any time limit to issue charge sheet after suspending an employee.
As per my knowledge in Government departments if charge sheet is not issued within three to six months of the suspension, suspension is automatically revoked.
Is there any supreme court ruling, if time period is not specifically mentioned in the department's service manual for the maximum period an employee can be kept suspended without issuing any charge sheet.
Raj Kumar Makkad
(Expert) 07 June 2011
Come to last paragraph of your query. This is the legal provision in all sectors of employment. You can claim 75% of subsistence allowance.
Querist :
Anonymous
(Querist) 07 June 2011
Dear Raj Kumar Makkadji,
Subsistence Allowance I am getting @50% and as per our Bank's Service manual it will be 75% after one year.
But only allowance is not the issue, because of suspension I am attached with Bhopal branch where I was last posted whereas my family is at Chandigarh.
So, I want the matter to be solved at an earliest so that I can go back home as I am here at Bhopal since Sept,2007 whereas the tenure of posting is three years.
Advocate. Arunagiri
(Expert) 07 June 2011
You can approach the appellate authority for completing the enquiry at the earliest.
Or you can approach the High court by way of writ for suitable remedy.
Isaac Gabriel
(Expert) 07 June 2011
The suspension order should have indicated the reson in brief for the action/suspension.If you are sure that nothing adverse would go against you, you can file a writ for direction.
Querist :
Anonymous
(Querist) 08 June 2011
Sir,
It is very much clear in my mind that I have not done anything wrong.
And I exactly want to know supreme court ruling for the maximum time period to issue charge sheet after suspending an employee on the grounds of preliminary investigations as our department's service manual is silent on this subject.
Further, there are instances in our Bank where an employee remained suspended for years together without charge sheet.
Querist :
Anonymous
(Querist) 13 June 2011
I was Branch Head in a scheduled commercial Bank and was suspended on 26-08-2010 without issuing any explanation/memo. Further after a lapse of more than nine months no charge sheet has been framed and issued to me till date.
Is there any time limit to issue charge sheet after suspending an employee.
As per my knowledge in Government departments if charge sheet is not issued within three to six months of the suspension, suspension is automatically revoked.
Is there any supreme court ruling, if time period is not specifically mentioned in the department's service manual for the maximum period an employee can be kept suspended without issuing any charge sheet.
