Plz help - Sushil Wagh
Sushil Wagh
(Querist) 24 January 2010
This query is : Resolved
ONE OF MY COLLEAGUE HAS BEEN SUSPENDED FROM SERVICE CENTRAL GOVERNMENT INSTITUTION.
A. UNDER WHAT CIRCUMSTANCES CAN A CENTRAL GOVERNMENT EMPLOYEE B SUSPENDED
B. 3 SHOW CAUSE NOTICES HAVE BEEN ISSUED TO HIM EACH OF DIFFERENT CASES, WITH MAJOR PENALTY, ON SUBSEQUENT DATES ONE AFTER ANOTHER, IS THIS RIGHT?
HE IS LOCATED IN BOMBAY, CAN ANY ONE ADVISE HIM IN THIS MATTER AT THE EARLIEST.
Also let me know under what rules, modalities required can a government employee be suspended, is it a discretionary power by the Competent Authority or there are certain norms and requirements under which suspension can be done. Are there any remedial measures 4 the employee like approaching the courts and obtain a stay. Can an RTI application be filed to look into all the papers of suspension by the employee?
Binod Kumar Mishra
(Expert) 25 January 2010
Dear Sushil,
yes i can help you. first off all tell me the reasons quoted for suspension of your friend. in which organisation of central government he is working.
what are the issues of show cause and charges of major penalty. whether charge sheet has been issued.
whether the charges invite to quote rule 14 of CCS(CCA) Rules, 1965.
yes there are remedy for suspension to be revoked, but don't work in haste. if there is a disciplinary proceedings and your friend have been put under suspension, don't take this on heart. it is a welcome stage for you time being.
who is the competent authority of the organisation where he belongs. is the same competent authority has passed the suspension order or some junior officer has signed the suspension order.
at present you are not required or permitted by government rules to move court but you have to seek intervention of appellate authority for revision of order of suspension.
it is better you provide me everything over mail (nbinod1974@rediffmail.com) or PM to me so that after knowing each and everything i will be able to comment on it.
Raj Kumar Makkad
(Expert) 25 January 2010
A. You tell under what circumstances he has been suspended rather taking interview of us. You put your quarry so that it may be replied accordingly.
B. Issuance of 3 notices to him is not an illegal matter. If matters are different, he can be served with separate notices. He should reply those notices.
If prima-facie any misconduct is found by the employer and such employer prima-facie feels that such an employee shall/can be harmful to continue in the same capacity pending disciplinary proceeding, he can suspend him with certain direction like his reporting place, his subsistence allowance, his duties etc.
Such suspension if supported with some material is justified as in the given case and courts generally do not intervene pending enquiry unless gross violation of the rules has been made by disciplinary authority.
B K Raghavendra Rao
(Expert) 25 January 2010
If your colleague has violated the service conditions and if such violation is such to warrant suspension, then the institution is justified in suspending your colleague. However, note that suspension is not a punishment. Please see if suspension order contains any clause or rule under which your colleague is suspended.
You need to consult an advocate well versed with service matters and approach Central Administrative Tribunal for justice.
