Suspension

mukesh Gupta (Querist) 25 November 2013 This query is : Resolved
My queries are:

1. can a suspended employee be asked to marked attendance daily?

2. if answer to first is no than what will the position if during the period he is not assigned any work?

3. If the suspended employee can not be asked to mark attendance how the payment of subsistence allowance will be regulated?

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Devajyoti Barman (Expert) 26 November 2013
academic query.

malipeddi jaggarao (Expert) 26 November 2013
Suspended employee need not attend the office and mark his attendance. He will not be assigned any work during suspension period. Suspension itself means suspending from work till the disciplinary case is finalized. Subsistence allowance is not for attending the office. It is for sustenance.

Anirudh (Expert) 26 November 2013
I have a doubt:

How one expert determined the query as "Academic" and the other expert answered it (whether he preferred to answer inspite of the query being classified as 'academic' by another expert) is not clear.

Further what is the criteria for classifying a query as "Academic"?

mukesh Gupta (Querist) 26 November 2013
Thanks mr. jaggarao,

but if during his attendance he is not assigned any work, in that case also to ask the marking of attendence will be unjustified.

V R SHROFF (Expert) 26 November 2013
Let is be considered commercial Query.
Earlier I replied this Querist:::

As rightly pointed out, MK can afford Legal Fees, to get paid advise, Tax Free, to reduce payment of it's worker.
Here we help weaker section, who cannot afford Legal Expenses, and are needy of our free service.

Pl don't expect to earn out of our free service, and increase hardship of a poor worker.
ur motive is PROFIT

So query is academic / commercial///

V R SHROFF (Expert) 26 November 2013
HC & SC JUDGES DIFFER:
WHY NOT EXPERTS DIFFER:
One finf it AQ, other think it need reply!!
At their pleasure.. [ heard sec 151 cpc??]

T. Kalaiselvan, Advocate (Expert) 26 November 2013
Firstly, while I agree to Mr. Rao's opinion to the query raised by the author, I think Mr. Shroff has given a fitting reply subsequently which can be a lesson to all those who want to exploit this facility for their commercial benefits.

Rajendra K Goyal (Expert) 26 November 2013
Nothing more to add.

malipeddi jaggarao (Expert) 26 November 2013
Once an employee is suspended where is the question of attending the Office?

Devajyoti Barman (Expert) 27 November 2013
Dear Mr Rao, it would be really nice if you pay attention to the majority view here as not to reply academic and commercial query.

It is our request to you.

malipeddi jaggarao (Expert) 28 November 2013
Dear Shri Barman sir. Noted your comment and certainly follow the same. I have replied this query because though the author did not reveal specific case, I presume certainly the queries are rised keeping some case at the back of his mind. Otherwise I never replied to academic queries.

Devajyoti Barman (Expert) 28 November 2013
Thank you for appreciation of our concern.

Advocate. Arunagiri (Expert) 28 November 2013
I am happy to note that Mr.Barman and Mr.Shroff had not answered to the academic query.

As rightly pointed out by Mr.Shroff, it is not necessary that all the experts will have the same opinion on this issue. The difference of opinion is inevitable.