Illegal Detention of Employee by Employee

allurisivajiraju (Querist) 15 April 2009 This query is : Resolved
Respected Seniors,

Mr. 'X' is working as sales man In a Primary Agricultural Co-Operative Credit Society. President of the said Society has some political grudges against Mr. 'X' and he wants to remove him for his duties. So recently 4 months back the Said President issued a notice to Mr. 'X' discloses that " behavior of Mr. 'X' is not proper towards formers hence Mr. 'X' is suspended from his duties till further orders".

But Mr. 'X'waiting for his job from 4 months. But no reply was sent to him from the President. Eventhough the society was not conducted any enquiry against Mr. 'X' for his alleged behaviour. Actually Mr. 'X' is a poor person and his entire family is depending on his salary.

In the above circumstances what is the remedy available to Mr. 'X' for getting his job and 4 months salary of his illegal detention from his duties.

Please suggest me as early as possible.

Thanking You in advance.

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hage nibo (Expert) 16 April 2009
Is the society govt. undertaking & governed by CCS/SCC Rules of the respective state?

as per govt.employee is concerned, one who is suspended gets subsistance allowance of 50% of his total salary, and after 3 months 75% till final order after inquiry/proceedings.

write a representation in this regard,if no response, go for writ petition to High Court after due consultation with a legal practitioner,because the terms of the service/employment of the said employee are not reflected in your query.

sanjay singh thakur (Expert) 16 April 2009
Dear Mr. Raju
I do agree with Mr. Hage Nibo though so far suspension is concerned law is pretty settled that the person/authority appointing the employee can only suspend and no one else.