Suspension
Amit Kumar Sinha
(Querist) 25 November 2012
This query is : Resolved
An employee was suspended in contemplatioon of a departmental enquiry. However he was not even issued a charge sheet for about 1 years. He was also not been paid any subsistence allowance during the period of suspension. After 1 year his suspension order has been revoked.
Is he entitled to full salary for the period in question.
V R SHROFF
(Expert) 25 November 2012
YES, HE IS ENTITLED TO FULL SALARY & ALL BENEFITS OF LEAVE, LTA, BONUS ETC
Sudhir Kumar, Advocate
(Expert) 25 November 2012
No. I disagree.
He is entitled to full salary only if the disciplinary authority has also passed an order declaring the said period of service as duty not as leave/ half pay leave.
If the suspension has not resulted in major penalty the same may be held unsustainable (not till some charge sheet is pending /contemplated)
K.K.Ganguly
(Expert) 26 November 2012
1. What is the result of the Departmental Enquiry? Have you been exonerated? Or your suspension has been confirmed as the punishment?
2. If you have been exonerated, you shall get full salary for the suspended period,
3. If your suspension has been confirmed as punishment, you are entitled to 50% of your salary.
Raj Kumar Makkad
(Expert) 26 November 2012
No. He is not entitled for the grant of full salary pending enquiry rather his susistence allowance should be paid to him without any delay. The disciplinary proceeding has not been dropped against such employee rather he has been taken back in service pending enquiry and thus his suspension order has been revoked only.
