Suspension letter-appended conditions
J SRINIVASAN
(Querist) 20 April 2013
This query is : Resolved
Dear Sir / s
I was working in NTPC-Madhya Pradesh project. (MP Project). I have been transferred to simhadri-andhra project in april 2011. I was residing in mp project with my wife and children in the company allotted residiential quarter. I was staying in the field hostel(guest house) at Andhra project.simhadri.
During june 2011, I was brought to Madhya Pradesh by ntpc officials on tour, and I was suspended on 25.06.2011 and sent to jail after filing a fir against me.
After 16 months, I got bail, and after coming out on bail I was asking for my subsistence allowance from ntpc. After 6 months, I have been paid allowances for first 3 months . In this connection,
I wish to state that my suspension letter was very simple and does not mention or contain anything regarding my head quarter/conditions for subsistence allowance etc. Now, I have received a letter from ntpc stating that , they have appended my suspension letter with the following conditions:
1. My head quarter is simhadri Andhra Pradesh
2. I have to stay at Andhra to claim allowance and also
3. I have to take permission to leave Andhra.
4. I have to surrender my id card( I have already surrendered during my last visit)
The case hearing is already undergoing at waidhan court at Madhya Pradesh.
My family is staying at mp project allotted quarter.
Experts may please advice as to the applicability of appended conditions after 2 years of suspension letter. And what I need to do ?
It is not practically possible for me to stay at simhadri guest house and keep my family at mp project. I am 52 years old and having BP diseasesand hearing impair problem too. Pl advice
Guest
(Expert) 20 April 2013
Dear Srinivasan,
You have not mentioned about the ground of FIR in police/ prosecution. Suspension of course is not treated as a punishment, but the employee has the right to appeal against his suspension, more particularly, if the investigation is already completed and the charge sheet filed in the court of law.
About suspension letter, it is issued in a simple and format without mention of any condition or reason for suspension. However, the management is fully competent to fix HQ of a suspended employee any time depending upon its own convenience in disregard to the convenience of the employee. So, none of the conditions, as mentioned by you is of illegal nature. You may better request the management for change of HQ to Bhopal on the ground that the case is under trial at Waidhan of MP. Your request would be quite genuine in that regard. Or else, pray to the court to issue direction to the management to change your HQ to facilitate your attendance in the court in time.
I think, you must also check about the rules of stay in the guest house for not being on duty, if that is pemissible only for a restricted period, and apply for formal sanction for your stay beyond the restricted period, if any, to avoid any instance of indiscipline of overstay on your part.
Sudhir Kumar, Advocate
(Expert) 24 April 2013
suspension conditions need not have been spelt these are otherwise also applicable as long as you are suspended
Sudhir Kumar, Advocate
(Expert) 24 April 2013
repeated.
refer http://www.lawyersclubindia.com/experts/Case-and-Departmental-Enquiry-356331.asp#.UXekDrXikb0
Sudhir Kumar, Advocate
(Expert) 25 September 2013
You have been query in multiple threads almost repeating the same thing.
http://www.lawyersclubindia.com/experts/Queries-may-please-be-replied--356346.asp#.UkMMQH_Qzmk
http://www.lawyersclubindia.com/experts/juristiction-clarification-357856.asp#.UkMMPH_Qzmk
http://www.lawyersclubindia.com/experts/Service-Law-rules-425156.asp
http://www.lawyersclubindia.com/experts/suspension-letter-appended-conditions-387071.asp#.UkMMM3_Qzmk
http://www.lawyersclubindia.com/experts/Challenging-the-Charge-Sheet--358001.asp#.UkMMOX_Qzmk
You are spreading facts in all these multiple threads and you are only the looser despite the fact that you are in the tightest corner. You are confusing the experts.
