Undue suspension from service
Puwar Dhairyapalsinh N.
(Querist) 30 November 2016
This query is : Resolved
Sir,
If employer (a PSE) has suspended employee for reasons like,
(1) for filing PIL for interest of company to setting right its functioning
(2) for doing police complaint against other corrupt officials
(3) for doing court case against other corrupt officials
(4) for exposing other employees with evidences to public portal
(5) for applying RTIs
(6) for using office computer, stationary etc. alleged for personal use
(7) for alleged absence from duty without information
In above situation, can the said employee get justice from High court?
or what are other alternate remedies?
Experts, Please, suggest.
Sudhir Kumar, Advocate
(Expert) 30 November 2016
does the order (or the noting leading to the same) really contain these reasons.
Sudhir Kumar, Advocate
(Expert) 30 November 2016
"(6) for using office computer, stationary etc. alleged for personal use"
YES
Guest
(Expert) 30 November 2016
Dear Puwar Dhairyapalsinh N.,
You have given a long list of events of indiscipline on the part of the employee.
The question arises, how do you or the employee know that the suspension was made only on the reasons quoted by you, as suspension order does not spell out with what reason the employee has been suspended?
Before asking such a question you could better have read the rules of misconduct of the employees as well as the rules on the disciplinary proceedings of the PSE.
HC may not interfere directly at the very initial stage of the administrative process of suspension and even subsequent disciplinary proceedings of the PSE until the PSE is found guilty in doing justice to the employee after conclusion of the case.
He can, however, make an appeal against his suspension to the designated appellate authority of the PSE on merits of the case, if he thinks the suspension to be unjustified.
Further, the employee may have to wait for the issue of charge sheet to him, conduct of formal departmental inquiry by a designated Inquiring Authority, where he will get the opportunity to defend his case on face to face inquiry, and lastly on decision of the disciplinary authority. Even thereafter also, he may have to exhaust the organizational channels of making appeal to the designated appellate authority of the PSE before he can approach to the competent court, i.e., the CAT, SAT or HC, as the case may be.
Guest
(Expert) 30 November 2016
Suspension is merely an inauguration of variety of struggle full, time consuming, and career affecting problems lying ahead of the concerned employee.
DR.VEDULA GOPINATH
(Expert) 30 November 2016
The employee is having constitutional protection under Article 311.
After initial legal process CAT etc. , the employee can approach HC/SC
cs dr vedula gopinath avocate/arbitrator
vgnath@gmail.com
Kumar Doab
(Expert) 30 November 2016
"can the said employee get justice"
Yes!
Courts of law are; 'Parens Patriae'.
The affected employee can get justice from courts of law.
Mr. Sudhir Kumar, Dr.VEDULA GOPINATH have advanced proper and fitting suggestion to you.
Share the entire case record with your very able counsel specializing in service matters and proceed further to get justice .......
Guest
(Expert) 30 November 2016
Dear Puwar Dhairyapalsinh N,
Best of luck, if you decide to act upon the advice of Shri Kumar Doab, provided S/shri Sudhir Kumar and Dr. Vedulla Gopinath confirm that you can ignore the departmental proceedings before making approach to the CAT/SAT or HC.
However, for your information, PSE employees do not fall within the scope of Article 311 of the Constitution.
Sudhir Kumar, Advocate
(Expert) 30 November 2016
let the person come with facts of the case only then a meaningful view can be formed.
Mr Dhingra has expressed the best could be expressed with given facts.
Kumar Doab
(Expert) 30 November 2016
Dear LCI author @ Puwar Dhairyapalsinh N.,
Expert DR.VEDULA GOPINATH has not asked to ignore CAT.
Nor me.
The affected employee can get justice from courts of law.
Share the entire case record with your very able counsel specializing in service matters and proceed further to get justice .......
Rajendra K Goyal
(Expert) 30 November 2016
Employee can be suspended in some of the above charges, which may be serious.
wait for the charge sheet and departmental inquiry. Defend the same effectively and prove that the charges are not proved.
Before moving court, departmental procedure need to be exhausted.
Sri Vijayan.A
(Expert) 30 November 2016
The suspension is not a penalty.
It is the initial process in disciplinary proceedings.
You cant approach Court for this.
If the suspension is prolonged without any reason and without initiation of Disciplinary proceedings, you can approach court.
If you are not paid the allowances, half pay, you can move to Court.
At present, You have to wait.
Sudhir Kumar, Advocate
(Expert) 01 December 2016
suspension is challangable though not a penalty.
But the queries is not showing facts.
Kumar Doab
(Expert) 01 December 2016
What is currency of suspension in practice and in rules of your establishment.
Puwar Dhairyapalsinh N.
(Querist) 02 December 2016
Thanks for all experts views. i was served suspension order, memorandum of charges and 8 articles of chargesheet together on same day.
i replied also to the DA.
it is a conspiracy and victimization without application of mind.
For example, in so many charges, i was not cautioned/served memo earlier, considerable time of 6 months to 15 months passed in some matter, clubbing of more than one charges with malafide intensions etc.
i think high court can help.
please suggest what about NHRC?
Please spare your valuable time and expertise.
thanking you all.
Guest
(Expert) 02 December 2016
If a person advises you two days back, as "The affected employee can get justice from courts of law," and next day poses a question to know for himself, "What is currency of suspension in practice and in rules of your establishment," you can well understand what can be the worth of his advice, when that person does not know even the basics of the rules of disciplinary proceedings.
Anyway, your information is still deficient on the basic facts about the charge sheet persisting to major or minor penalties and about appointment of an independent inquiry officer to inquire in to the charge, after submission of your reply to the charge sheet.
About your statement, "i was not cautioned/served memo earlier," you should know that the charge sheet, in itself, was a show cause notice.
Rajendra K Goyal
(Expert) 02 December 2016
You said: i was not cautioned/served memo earlier,
Reply:
Not mandatory .
You said:
considerable time of 6 months to 15 months passed in some matter
reply:
Can be initiated, no irregularity.
You said:
, clubbing of more than one charges with malafide intensions etc.
Reply:
No irregularity, can be clubbed.
You said:
i think high court can help.
please suggest what about NHRC?
Reply;
In my opinion exhaust departmental avenues first.
DR.VEDULA GOPINATH
(Expert) 02 December 2016
Dear questioner
Unless an advocate see the documents and charge sheet, he cannot think and advise you properly.
Unless you send the documents and make your own self judgement, I am afraid to say that lawyer is not conveniently placed. Please do not jump into conclusions yourself.
If you have a decease, it is the medical doctor to confirm the same so also the advocate, whether you have a case or not.
Please do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions.Sorry for taking liberty for forewarning you.
take care
good wishes
sincerely
dr vedula gopinath advocate/arbitrator
email vgnath@gmail.com
Rajendra K Goyal
(Expert) 02 December 2016
Good and plain advise from expert DR.VEDULA GOPINATH. Caution to the author not to jump to conclusions himself.
Sudhir Kumar, Advocate
(Expert) 02 December 2016
the author is taking test of the experts.
he is giving facts on installment basis.
Kumar Doab
(Expert) 02 December 2016
Fully agreed with observation of senior experts DR.VEDULA GOPINATH, Mr. Rajendra K Goyal.
We support the authors/querists.
The querists have to post full facts of the matter in 1st query, and respond to points raised by experts.
Kumar Doab
(Expert) 02 December 2016
This person in 6th post from last that is a poser, commission agent and tout also has again failing to allure another author/querist.
One more author/querist shall be saved from getting fleeced.
This person shall not see any abuse of this charitable/free forum, since he himself is an abuser and is exposed.
Beware of him and his abuses.
His only purpose fr rest of his leftover period at fag end of his life is to ridicule everyone with his sarcastic comments.
In this thread it is me,Dr. Gopinath.
Online discussion can provide enough inputs and author /querist should finally engage a very able counsel at his location.
Kumar Doab
(Expert) 02 December 2016
There are any threads on similar queries that you can search in 'Search' option on right hand side of this web page.........e.g;
http://www.lawyersclubindia.com/experts/Possible-duration-for-reserving-a-judgment-547071.asp#.VZ_0yLV-jMo
http://www.lawyersclubindia.com/forum/Judgement-date-and-month-72133.asp#.VZ_yvLV-jMo
http://www.lawyersclubindia.com/forum/Full-wages-after-quashing-of-cr-cases-by-the-hon-high-cour-138201.asp
http://www.lawyersclubindia.com/experts/Non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp
You shall note that the querist has been treated by us like our own and has been thoroughly supported by us.
The discussion by the seasoned experts is enriching experience.......
The well mannered experts like Mr. P.Venu has commented:
"First of all, let me place my appreciation for the great efforts made by my friend Kumar Doab in making discussion worthwhile.'
Guest
(Expert) 02 December 2016
A very fine example of contradiction with two different statements in one post by double-cross poser, like, (1) "Fully agreed with observation of senior experts DR.VEDULA GOPINATH" and (2) "We support the authors/ querists!"
So on one hand the fellow supports the author by saying, "WE support the authors/ querists." BUT on the other he is FULLY agreed with observation of senior experts DR.VEDULA GOPINATH, where Dr. Gopinath has tried to make the author realise his mistake through his observation "do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions." Evidently, Dr. Vedula's support to the author is not there, as his observation, "Please do not jump into conclusions yourself" suggests. ANYWAY, WHAT A NICE ATTEMPT OF DOUBLE-CROSS ON HIS PART?
Moreover, who are "WE" for him, has not been explained. It seems as if he considers himself to be a ring leader of all the experts at LCI and represented himself as "ONE IN ALL". WHAT A NICE GESTURE ON HIS PART?
BUT, still he has the need to think twice, to whom he supports, the author or Dr. Gopinath Vedulla.
Not only that, he has made other set of contradictory statements, (1) His only purpose fr rest of his leftover period at fag end of his life is to ridicule "EVERYONE" with his sarcastic comments, and (2) In this thread it is ME, Dr. Gopinath." He forgets that Der. Gopinath also is included in the term "EVERYONE."
ANYWAY, WHAT A CRY AND AGONY ON HIS PART TO DEMONSTRATE HIS FRUSTRATION!
Best of luck to those, whom he renders advice without understanding, what is what of the query related law and what he states and then refutes in his single statement.
Kumar Doab
(Expert) 02 December 2016
Respected Senior Expert Dr.DR.VEDULA GOPINATH,
Are your following comments, for me:
""do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions'
as per last post in this thread;
"A very fine example of contradiction with two different statements in one post by double-cross poser, like, (1) "Fully agreed with observation of senior experts DR.VEDULA GOPINATH" and (2) "We support the authors/ querists!"
So on one hand the fellow supports the author by saying, "WE support the authors/ querists." BUT on the other he is FULLY agreed with observation of senior experts DR.VEDULA GOPINATH, where Dr. Gopinath has tried to make him realise his mistake through his observation "do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions." Evidently, Dr. Vedulla's support to the author is not there, as his observation, "Please do not jump into conclusions yourself" suggests. ANYWAY, WHAT A NICE ATTEMPT OF DOUBLE-CROSS ON HIS PART?
Moreover, who are "WE" for him, has not been explained. It seems as if he considers himself to be a ring leader of all the experts at LCI and represented himself as "ONE IN ALL". WHAT A NICE GESTURE ON HIS PART?
BUT, still he has the need to think twice, to whom he supports, the author or Dr. Gopinath Vedulla......................... P. S. DHINGRA: sssfi2016@gmail
Posted 9 minutes ago"
Kumar Doab
(Expert) 02 December 2016
Respected Senior Expert Dr.DR.VEDULA GOPINATH,
Your valuable comments are also requested in four threads posted in my 3rd post from my last post.
Guest
(Expert) 02 December 2016
Mr. Kumar Doab,
Thanks for reproducing my observations about you in your own post.
But, from your question to Dr. Vedula Gopinath, "Are your following comments, for me: ..."do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong," I am really astonished to find that due to your utter frustration you have totally failed to interpret, to whom I referred, when reproduced the observation of Dr. Vedulla Gopinath, such as., "do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions."
Evidently that pointed out to the author, as I stated, "where Dr. Gopinath has tried to make the author realise his mistake through his observation "do not try to fool the advocates with your little legal knowledge and later you will feel sorry for your own wrong conclusions and actions."
Wish you the best of luck for your mental health seemingly filled with extreme agony and frustration.
Sudhir Kumar, Advocate
(Expert) 03 December 2016
It is not the little knowledge the author may be having but he is sharing little facts with the forum.
Whatever facts have been given Mr RK Goyal has replied very well.
I will add
Author has no ground to go to NHRC. They have much more serious affairs to do.
The suspension is changeable before court but only after deptt rejects his appeal. He is not going to gain anything by passionate action except losing time energy and MONEY which he needs later.
Rajendra K Goyal
(Expert) 03 December 2016
Agree with the brief comments from expert Sudhir Kumar.
Kumar Doab
(Expert) 03 December 2016
Dhingra,
Your memory of abusing forum of LCI, querist,authors, fellowe experts, members and being blank in any subject that you choose to post, has been refreshed in many threads to you including following also.g:
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
Kumar Doab
(Expert) 03 December 2016
Dhingra,
NOONE shall be convinced with your latest abuse in your post in this thread also.
You have nothing else to do hence still posting with your clogged mind and vision.
It is another good for nothing trick that you are employing to abuse and litter nuisance in this thread also.
You may with confidence show this thread also to your own father ( God bless him if he is alive) your mother ( God bless him if she is alive) your sons and daughters, and relative, your teachers ( if you had any) and invariably the comments from a sensible person would be.................
that you are a habitual abuser,liar, blank and pretender.............etc etc...........and nothing else..............and without any feeling of remorse....
Run to your your psychiatrist and neurosurgeon, and surrender to them to operate upon you.
Their diagnosis might also be ; MDP ( Maniac Depressive Psychosis), and old OCD ( Obsessive Compulsive Disorder)..............YOU are at liberty to read and you shall agree due to the symptoms that you display.
and that you have abundantly abused this forum, authors/querist, fellow experts, members,.................without any feeling of remorse..................can not be granted any more concession due to the aged man's photo that you display......................SO RUN and HIDE.
NOW LEAVE.
Guest
(Expert) 03 December 2016
Mr. Doab,
I need not convince any one with my post, but your own posts would convince the readers about your abuses.
YOU MAY PRETEND, WHATEVER YOU CAN, EVEN WITH BEATING OF DRUMS, THE FACTS ABOUT YOU CANNOT BE DENIED.
Even your present post clearly demonstrates your repeated cry and agony, when you have cried "RUN and HIDE" and also made repeated dry, "NOW LEAVE."
Is not it strange that when you remain hidden, you also want me to hide? I am very open with my open and crystal clear opinions. IT IS ONLY YOUR HABIT TO HIDE, AS YOU HAVE FAILED TO UPLOADED YOUR OWN PICTURE SO FAR ON THE SITE, EVEN ON SEVERAL REMINDERS. EVIDENTLY YOU ARE FILLED WITH THE FEAR THAT THE READERS WOULD RECOGNIZE YOU, as a proven pretender, a poser, an assumption maker, lacking any knowledge of law, a tout, an agent, an open abuser, a false statements maker, a double cross fellow, a person having a lust for making posts without understanding what the author of the query wants, etc. etc., through your own various posts or even your own profile.
BUT, YOUR IMAGE, EVEN REMAINING HIDDEN, CANNOT BE WASHED AWAY EVEN BY BEATING OF DRUMS BY YOU.
Anyway, best of luck again.
DR.VEDULA GOPINATH
(Expert) 04 December 2016
dear author and learned expert colleagues.
I am bit concerned that my fair and critical comments appears to have produced little momentum to the forum.
Since the author is in disturbed mood due to unjustified victimisation by his employer, I hereby withdraw my comments.
I suggest the author be self-confident and brave to face the proposed successful litigation against his employer. I wanted you(author) to cheer up and face the future confidently.
I am equally beholden to my learned colleagues for having supported my fair comments.
Best wishes to all
cs dr vedula gopinath advocate/arbitrator
vgnath@gmail.com
Guest
(Expert) 04 December 2016
Dear Dr. Vedula Gopinath,
Please don't be disheartened, except for Article 311, your observation a day before about the author, being correct, was well taken at least by me.
