P S Jaya sankar 20 September 2021

base doc to suspend govt servant

What method of information receipt (i.e hearsay, information from police, news paper article,telephonic input) by employer on registration of FIR against an employee qualify to be a valid input to employer to place a goverment servant under suspension?Is the input required to be on file?Whether its non existence invalidate suspension ?
Request expertise opinion pl

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G.L.N. Prasad (Retired employee.) 21 September 2021

Suspension is not a punishment, and any employee can be suspended immediately if the disciplinary authority believes that there is valid evidence and the employee's role in a serious irregularity and doubt that he may interfere , impede, influence in further investigation. However, without giving a charge sheeting, conducting inquiry, and hearing of errant employee, dismissal is not legally valid and is against principles of natural justice. The authority is bound to provide all those facts, and documents basing on which such charges were framed, the employee can also seek any record for inspection and as certified copies as an affected party.

P. Venu (Advocate) 21 September 2021

Why don't post the facts instead of leading us into a riddle?

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P S Jaya sankar 22 September 2021

Sir. The fact is that employer suspended employee in 2005 for incident occurred outside duty in 1994, since conviction came in 2005. Employee being illiterate neither informed on FIR nor challenged 15 yr suspension.. Now approached tribunal. Respondent government say that criminal appeal pendency in High court is reason for continued suspension. FIR was of 1994 conviction 2005, criminal appeal (3rd party minor injury in a scuffle). I want to challenge suspension as the order was by an incompetent authorit

P. Venu (Advocate) 22 September 2021

The facts posted are less than convincing. Conviction in a criminal case is no ground for placing the Government servant under suspension. In such a scenario, the Disciplinary Authority needs to consider the nature of offence for which he has been convicted and should remove him from service if offence involves moral turpitude.

Pradipta Nath (Advocate) 25 September 2021

The employee assertion is very fishy as it simply cannot happened that a FIR was registered and he was not informed! However you can challenge his suspension based upon the merits like procedural latches or lapses.

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