Debasish Karmakar 16 August 2021

suspension

can suspension be treated as dies non?

Quick Summary

This discussion clarifies that suspension cannot be treated as 'dies non'. The Gauhati High Court ruled that an employee's absence during suspension is forced by the employer, not wilful. Furthermore, employees receive partial pay during suspension, distinguishing it from 'dies non' where no pay is typically received.

3 Replies

Kevin Moses Paul 16 August 2021

As per your query, let me inform you that in the case of Union of India V/s Smt. Vijay Laxmi & Ors. 2013, the Gauhati High Court held that - "In a case of suspension, the absence from
active duty by the employee is not willful or unauthorized but is a forced one, at the instance of the employer. Moreover, for the period of suspension, the employee is paid certain amount which is ordinarily lesser than the regular salary."

Thus, the concept of “dies-non” would not be applicable in respect of suspension period.

Hope It Helps!

Regards
Kevin M. Paul