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Neither suspended nor dismissed for long period. remedy?

(Querist) 13 July 2018 This query is : Resolved 
An employee(supervisor level) applied for Medical leave.The Management, ie non- scheduled Private bank rejected the leave He was also not referred to Medical Board .But the bank without giving job, framed charges and continued the disciplinary proceedings for years together without taking him into service.No orders was passed eventhough the enquiry completed before two years.What is the remedy?
Sudhir Kumar, Advocate (Expert) 14 July 2018
so the dismissal has taken place even before completion of disciplinary proceedings. The action of the management is changeable.
Dr J C Vashista (Expert) 14 July 2018
Move an appeal before the Bank authority (departmental).
Isaac Gabriel (Querist) 14 July 2018
Thanks for immediate responde Dr.Vashistaji and Expert Sudhir Kumar.The problem is for the past five years he is kept without postings. Also not suspended to claim subsistence aollowance. can a writ could be filed?.
Isaac Gabriel (Querist) 14 July 2018
Thanks for immediate responde Dr.Vashistaji and Expert Sudhir Kumar.The problem is for the past five years he is kept without postings. Also not suspended to claim subsistence aollowance. can a writ could be filed?.
Guest (Expert) 14 July 2018
Dear Isaac Gabriel,

The query need some more information for clarification, whether the medical certificate granted by the Authorised/ Penal doctor or not and whether your client submitted the same within the prescribed reasonable time or not?

Also, please intimate if some reason for rejection of leave was quoted by the management or not?
Isaac Gabriel (Querist) 14 July 2018
Respected Dhingraji, The management as stated "your medical leave is rejected' without assigning any reason and straightaway frmed chrge without ensuring his placement.No suspension order was issed for the last four years. The leave aplication was submitted within the time limit.No delay.
Guest (Expert) 14 July 2018
Exactly what charge was leveled against the employee?

Also, did the employee continue to remain absent without any of his attempt to join back his duty?
Isaac Gabriel (Querist) 14 July 2018
The charge relate to derliction in duty. When the medical certificate was returned, the post in which he was working filled up leaving him without postings.thereafter no posting was given in spite of his requests and he was kept without postings till date from 2013.
Guest (Expert) 14 July 2018
If the employee reported for duty after receipt of the leave rejection notice and not suspended formally, don't assume suspension, rather he may be termed to have been kept without portfolio and full salary may be claimed. for the entire period, Instead of trying to hit in the dark. At first, it would be better to create evidence for rejection of salary claim waiting for the reason to be quoted by the management and the other for inordinate delay in taking decision of the disciplinary case. For creating evidence for claim of salary for the entire period and request for expeditious disposal of the inquiry case by the Disciplinary Authority two pronged action may first be started by floating 2-3 letters/ reminders each to the management distinct from each other for claim of salary as well as disposal of case, before filing a case in the court of law.

Delay for just one or two more months may be better to launch a court case, rather than struggling very hard to prove the employee's point of injustice in the absence of clear and specific instances of injustice about the cause of non payment of salary as well as pendent decision in the disciplinary case.
Isaac Gabriel (Querist) 14 July 2018
Thanks.Very kind of u Dr.Dhingraji.
Guest (Expert) 15 July 2018
You are welcome, Isaac Gabriel ji.


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