Payment of salary of suspension period after revocation of suspension
NAYAK MAFATLAL GORDHANDAS
(Querist) 18 September 2012
This query is : Resolved
Sir, I am Bank Officer of Nationalised Bank and I was under long bias & prejuice minded suspension from 25/11/2009 to 06/05/2011. At the time of revocation of suspension,imposement of penalty was pending. Now, Disciplinary Authority has imposed penalty of reduction of six increment and regarding salary of suspension period, he wrote that "we treat it as not on duty, so no diffrence of salary will be paid."
Sir, for your knowledge, I was paid 1/3rd of salary for the first three months of suspension and thereafter, got 1/2 salary up to the revocation of suspension.
Sir, in suspension order it was written:1.without permission, not to leave the Head Quarter, 2.declaration of not having engaged in employmen/profession, 3.without permission not to enter in the office premises all over India.
Sir, please guide me: whether I can get the difference of salary of suspension period after revocation of supension in the present circumstances?
Sir, I am of the opinion that Disciplinary Authority had put ban on me not to enter into the office premises, declaration of not having engaged in other profession/engagement,not to leave the HQ without permission of him.
Sir, appeal against the pnishment order is pending, but management has effected the punishment order. furter more, new show cause notice is issued for the Branch from which I was suspended;
Sir, can bank issue new show cause for the branch where I was suspended and chargesheeted and after inquiry (ex-parte), punishment effected.
What to do?
Sir, please advice me.
Sudhir Kumar, Advocate
(Expert) 19 September 2012
There does not appear to be any irregularity on the part of Bank. You would have got difference of salary if exhonerated.
Sudhir Kumar, Advocate
(Expert) 19 September 2012
His earlier thread on the issue was
http://www.lawyersclubindia.com/experts/salary-other-benefits-related-to-salary-after-revocation-of-suspension--320446.asp
K.K.Ganguly
(Expert) 19 September 2012
1) You will not get any difference in salary since punishment has been imposed on you.
2) Bank can issue fresh show cause notice for fresh accusation which you shall have to answer now.
Sudhir Kumar, Advocate
(Expert) 20 September 2012
You never said that new show cause ntoice is on the same misconduct.
Ban on entry in office, ban on leaving station and declaration of non-employment is not a new thing in your case. each suspended employees is subjected to this.