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jyoti   25 September 2021

Back salary in reinstatement after suspension

I was reinstated after suspension in SBI. The penalty was reduction in grade. The penalty order was silent on back wages. I appled for payment of salary minus the subsistene allowance but was denied on the ground that I am not fully exonerated

 7 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

Issue legal notice through your lawyer, if already engaged, otherwise, consult and engage a local prudent lawyer for professional advise and necessary proceeding.

jyoti   26 September 2021

Whether there is any court judgement in such type of cases?

G.L.N. Prasad (Retired employee.)     26 September 2021

Your association/union that is collecting lakhs of subscripttions is most competent to guide you on precedents and questioning the management on such stand seeking such precedents.

P. Venu (Advocate)     26 September 2021

Please inform the Rules under which the Disciplinary Proceedings have been initiated. What exactly has been the punishment imposed? What is the ground on which back wages have been denied? Have you appealed against the punishment/ denial of backwages?

jyoti   26 September 2021

Rule 67(G) of SBI service rule. Reduction of grade from SMGS to MMGS-II. Appeal rejected. There was no order on back wages which is required in case the punishment is not dismissal/removal.Vigilance Dept has advised that back wages is not payable in case there is no full exoneration

P S Jaya sankar   28 September 2021

it all depend on service rule, outcome disciplinary proceeding, exact content of reinstatement order. Proper approach required

P. Venu (Advocate)     28 September 2021

It is SBI Officers Service Rules.  A major penalty has been imposed in terms of Rule 67(g). As such you are not entiled for back wages.

The only remedy is in seeking judicial review if there are inherent faults in decision making.

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