reinstatement in service after suspension
shashank
(Querist) 07 July 2010
This query is : Resolved
My father was principal in a government institute. he was trapped by 'Lokayukt' in a case bribery under a conspiracy, and was therefore suspended with immediate effect. Now 90 days have been elapsed since the suspension, but until now neither any action has been taken by the government nor has any kind of 'challan' been produced by the 'Lokayukt'.
Now he is confused about what to do next as he has been suggested by some local legal experts different legal advices. So please suggest me what should he do:-
a.) He should request for his reinstatement (he has been told about some rule of reinstatement after 90 days of suspension).
b.) Join the post previous head quarter (where he has been suspended from).
c.) Join the post at the present head quarter.
Raj Kumar Makkad
(Expert) 07 July 2010
Suspension is not a punishment rather it is the first step towards a departmental enquiry. Even if 90 days of suspension have elapsed, it do not give a legal right in favour of your father to reinstate. Your father might be receiving subsistence allowance and he should follow the direction given in the suspension order where to report. I have not heard any law under which a suspended employee has got any legal right to be reinstated on post.
Devajyoti Barman
(Expert) 07 July 2010
a. Yes he could certainly file a case before the CAT for his reinstatement and for stay of suspension.
Without the order of the CAT he can not join in any department.
