Suspension period

Querist : Anonymous (Querist) 15 January 2012 This query is : Resolved
can suspensoin be challenged to resign from any government orgnization

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Nadeem Qureshi (Expert) 15 January 2012
Dear Querist
Suspension can be challenged but main points are terms and condition of the employment.
feel free to call

Raj Kumar Makkad (Expert) 15 January 2012
If one wants to resign during his suspension then it is better for him to personally meet the disciplinary authority and should evolve some understanding otherwise legally it is not possible.

Resignation can be denied to be accepted by employer as disciplinary proceedings are already going on against such employee.

M/s. Y-not legal services (Expert) 16 January 2012
yes., it can be challenged through invoking the writ jurisdiction..

but dont know what will be the result., cos you did not furnish any details about your case..

-tom-

Sudhir Kumar, Advocate (Expert) 16 January 2012
Intention to resign is just not a ground to challenge suspension. The suspension can be challenged on merits only. Appointing Authority can exercise discretion and accept resignation even during suspension.

Deepak Nair (Expert) 16 January 2012
Since the disciplinary proceedings are initiated, the resignation will not be accepted by the superior authority. You are rightly advised by the experts above.

prabhakar singh (Expert) 16 January 2012
no more to say.

venkatesh Rao (Expert) 16 January 2012
Question itself is not clear.
1. whether any inquiry held?
2. If so, what is the outcome?
3. If penalised, what was the order reg. the
period of suspension?
4. If exonerated, whether clean chit or
benefit of doubt?
If the inquiry is in progress, you can resign and pray for dropping the proceedings. The dropping ipso facto carries with it treating suspension period as time spent on duty or leave with pay.
If the inquiry culminated in penalty, you can appeal on both the suspension and penalty.

M/s. Y-not legal services (Expert) 23 January 2012
yes.. answer to mr.vekatesh's questions..

-tom-

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