Suspension
Querist :
Anonymous
(Querist) 14 November 2019
This query is : Resolved
A clerk in a senior granted (govt. aided) college has certain doubts regarding his appointment and PF calculations. As college authorities did not take cognizance of his grievances, he communicated with relevant Govt. authorities through written correspondence. Thereupon, the Govt. authorities asked explanations from college administration about his queries. Therefore, college authorities suspended him for communicating with Govt. authorities and tarnishing the image of college and governing trust.
What are the rules about suspension proceedings? How much salary he should receive during suspension period? Is he expected to report on duty? What are the does and don’ts in such cases?
kavksatyanarayana
(Expert) 14 November 2019
Without getting any reply from the college authorities, he shall use RTI to obtain the information. Even to RTI application he cannot get information, he shall inform the same to the higher authority of the college. Without following any steps he corresponded with Govt. So the college authority suspended him. Till revocation of suspension, he will be given subsistence allowances.
Sudhir Kumar, Advocate
(Expert) 15 November 2019
He has already stated that this is not a govt school so RTI will not apply directly.
The RTI can apply only on the information which education deptt can extract from the school and is a long drawn matter.
Sudhir Kumar, Advocate
(Expert) 15 November 2019
What are the rules about suspension proceedings?
PER-SE THE SUSPENSION ITSELF SEEMS UNJUSTIFIED (atleast as per given facts) NO MISCONDUCT IS THERE IN REPORTING AN IRREGULARITY TO THE GOVT (unless the same is false allegation).
Sudhir Kumar, Advocate
(Expert) 15 November 2019
How much salary he should receive during suspension period?
50% of the basic pay + DA.
(for 6 months thereafter 75% if the inquiry is not delayed by employee)
Zero transport allowance.
No LTC for self (only for family)
Full medical cover. No other allowance to be curtailed.
Sudhir Kumar, Advocate
(Expert) 15 November 2019
Is he expected to report on duty?
Not at all. But he cannot join other profession as well.
Sudhir Kumar, Advocate
(Expert) 15 November 2019
What are the does and donâts in such cases?
Appeal to the DEO.
Do not join other profession.
Sudhir Kumar, Advocate
(Expert) 15 November 2019
are you EPFO subscriber.
whether you have reported mistake of PF calculation to EPFO.
H.M.Patnaik
(Expert) 15 November 2019
Reg. Suspension of employee and its related procedures, One has to refer to the Disciplinary Procedure and Service rules of the organisation where he is employed.
Querist :
Anonymous
(Querist) 15 November 2019
1. Suspension is 7 months old and now getting 75% salary. This point is resolved.
2. There are no clearly drafted disciplinary procedures and services rules of the employing organization (college governing body). Then which rules are applicable?
3. PF deduction is remitted to DHE (Director of Higher & Technical Education of State govt.). This is regular procedure for all employees of aided colleges.
The thing is that PF was deducted but not remitted for some 18/20 months in the years 2000 – 2001, at the time of appointment. It was remitted in 2017 and the fact came to notice when he applied for loan from PF. Now DHE is saying to pay interest for 2000-01, along with unpaid PF contribution (arising b’coz of 6th Pay Commission arrears) to make PF calculation correct. Then only loan against it can be disbursed. DHE is further saying that if old dues are not cleared, then there may be problems in pension calculation at the time of retirement. The amount of compound interest for 18/19 years and unpaid PF (6th Pay Commission arrears) is substantial. College authorities are orally saying that his PF calculation and remittance is correct, but not giving any record for it. College is further saying that old record was washed in floods of 2004. Some water had indeed come in college building in 2004, but it was very little and it is highly unlikely to wash office record.
So what to do in such case ?
4. RTI . Information Officer is college principal and appellate authority is President of college governing body. For correctly drafted RTI applications, both give reply as “Your application is not in proper format. Information sought by you is a type of question. Hence, no information can be given to you”. No questions were asked in RTI applications, only documents were demanded. 2nd appeal lies with RTI commissioner of State govt., but there is pendency for more than 2 years. Therefore directly corresponded with concerned govt. depts. Further, communicating with Govt. authorities should not be a matter of indiscipline.
So what to do in such case ?
5. Is there any time limit to complete investigation procedure during suspension?
6. Who should do enquiry of suspension? College principal / college teacher / college non teaching staff member/ a person from management / outside expert (e.g. An experienced registrar, retired from other college ? What are the rules about it ?
Sudhir Kumar, Advocate
(Expert) 16 November 2019
When there are not well drafted rules then the govt rules will prevail as the school is aided which I can understand that 90-95% wages are paid by public exchequer.
As per govt rules suspension if not reviewed before expiry of 3 months is void .
Sudhir Kumar, Advocate
(Expert) 16 November 2019
If the dues are deducted and not deposited then it is a criminal case under section 406/409 of IPC which is congnizable and police can take action without complaint from deptt just on the complaint of victim.
But police generally tend to dub it as internal matter and avoids action till higher authorities/court is approached.
Sudhir Kumar, Advocate
(Expert) 16 November 2019
Generally there is no time limit of investigation but it cannot extend beyond reasonable time.
Sudhir Kumar, Advocate
(Expert) 16 November 2019
Inquiry officer is the one who is appointed by the Appointing Authority of the employee.
Sudhir Kumar, Advocate
(Expert) 16 November 2019
correctness of the stand of authorities in respect to RTI depends upon the wording used in RTI request.
Sudhir Kumar, Advocate
(Expert) 16 November 2019
Prima facie this suspension appears to be fit enough to be challenged.
a complete view can be formed by someone who sees all papers.
Dr J C Vashista
(Expert) 16 November 2019
You have adequately been obliged by experts.
It is advisable to consult a local prudent lawyer for better appreciation of facts and circumstance/ documents, guidance and proceeding.
Querist :
Anonymous
(Querist) 18 November 2019
I am thankful for the guidance
P. Venu
(Expert) 30 November 2019
From the given facts, this is a fit case to be taken up in a court of law. It would be advisable if a statutory appeal is made before approaching the Court of Law.
It has now been settled that information is required to be provided in question format.
