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black (Project Officer)     07 December 2010

Suspension from job


I have been suspended from my job on 22nd November,2010 on the account that I have used a social networking site in office hours. A policy was issued by the organization on 13th November,2010 that nobody can make use of internet in official hours except the organization's email and one other organization maintained account.

And on 20th November , 2010 some updations were made on my social networking site by my cousin from home and one of the collegue was in my account and she was making the record of people who were using internet in official hours and she came to know that an updation is being done from my account and I was called on that day and a suspension order was served to me forcibly without giving a right to prove myself right.

When i gave them in writing that i haven't used and that updation was done from my home by my cousin and asked them to prove that I have done it in office using their internet services and their desktop. They are not having any answer to the same and my suspension is not yet dismissed(7th December,2010) without being considered that i haven't made any misuse of their IT policy.

I am feeling very harrased and at the same time this is a real threat to my self respect.


Now they are saying that you just give us an apology letter stating that you have misused our IT services. They are saying if you have not done it now you must have done it in past. I agree i have used in past and everyone else were also using but now after the policy I haven't used how could I accept what I haven't done.


Now is the time for increments and they are doing all this so that they canstop my increment. This is really very harrasing and a very big threat to my self respect.

Please help me out what should I do.Its realy very tough for me to apologise for the thing which I haven' t done. What is the legal procedure to give an answer to them I am really very stressed. Please Please Please help me out. i 'll be very thankful to you.


 5 Replies

black (Project Officer)     07 December 2010

Thanks a lot for your suggestion sir. One thing more i would like to know that if i am right am i eligble for the salary for suspension period? People who have actualy used were called back on 4 december as they have apologised but i am continously calling them and they are not giving me any answer.And they will also hold back my increment. As per your suggestion i will defenitly give apology letter but at the same time my salary and my increment is of prime importance to me. I have worked with so much dedication and now is the time of getting the reward for my efforts how could i let my efforts go waste. Please tell me if something can be done. I will be very thankful to you.


if u give apology letter to your employer t hat means u accepted the charge for which u have been suspended , so in my thinking, it is not good decision rather u must communicate in writing to ur employer to release ur dues and also deny the charge made by them. u must fight either if u apologize that means u guilty doing so and red inks in ur service book. rest ur wish. best of luck. 

Kirti Kar Tripathi (lawyer)     12 December 2010

until you don't  tender apology or tender conditional apology. your employer is under obligation to initiate disciplinary proceeding followed by departmental proceedings. in which they have to follow all the principles of natural justice and rule of company in this regard for imposing any punishment. after tendering apology  by you, they are not required to follow these formalities and they can take ant action within their power. moreover, the alleged action on your part(Whether it is committed by your cousin)  does not involve a grave misconduct, which may warrant any harsh punishment. so far as salary for suspension period is concerned, you are entitled for suspension allowance for the period you were under suspension. in case, the suspension is revoked, you are entitle for remaining salary otherwise it will depend on punishment order. 


Hi Black,

If you have not made any offence, but once you give a written apology, that will form a part of the writen proof on record of your organization and can be used against you any time later also to prove you as a habitual offender. So, think at last ten times the pros & cons of your written apology before you give any witten commitment.

Since burden of proof lies on the prosecution, it is the duty of the management to prove that charge against you, not you to disprove the charge. Better be patient. Wait for the decision/charge sheet of the disciplinary authority, let them make inquiry and try to prove the charge. They won't be able to keep you suspended indefinitely, as that action will prove as an unnecessary burden on their own cofers.

Rather, my advice to you is that you insist the management to conduct an inquiry in the matter against you to find the facts. Remind them from time to time only for the conduct of inquiry. They themselves would repent why they suspended you.

In the meanwhile contact some IT specialist to identify the machine ID from which the updation of your profile was made along with the machine ID of your official computer or laptop. During the inquiry proceedings you can make him as your defence witness.

Mind it, once you lie low without any fault, you will be labelled as a culprit for ever and can be nailed down time and again in future also.

P S Dhingra

CEO, Dhingra Group of Management & Vigilance Conultants

New Delhi, India

Sudhir Kumar, Advocate (Advocate)     26 November 2012

Your defence is hard to believe.  Better let thm produce an evidence against you which may be hard to believe.  Plead read again what Mr Dhingra suggested. Do not colunteer your defence befor eyou see prosecution evidence.

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