Illegal Detention of Employee by Employee
allurisivajiraju
(Querist) 15 April 2009
This query is : Resolved
Respected Seniors,
Mr. 'X' is working as sales man In a Primary Agricultural Co-Operative Credit Society. President of the said Society has some political grudges against Mr. 'X' and he wants to remove him for his duties. So recently 4 months back the Said President issued a notice to Mr. 'X' discloses that " behavior of Mr. 'X' is not proper towards formers hence Mr. 'X' is suspended from his duties till further orders".
But Mr. 'X'waiting for his job from 4 months. But no reply was sent to him from the President. Eventhough the society was not conducted any enquiry against Mr. 'X' for his alleged behaviour. Actually Mr. 'X' is a poor person and his entire family is depending on his salary.
In the above circumstances what is the remedy available to Mr. 'X' for getting his job and 4 months salary of his illegal detention from his duties.
Please suggest me as early as possible.
Thanking You in advance.
hage nibo
(Expert) 16 April 2009
Is the society govt. undertaking & governed by CCS/SCC Rules of the respective state?
as per govt.employee is concerned, one who is suspended gets subsistance allowance of 50% of his total salary, and after 3 months 75% till final order after inquiry/proceedings.
write a representation in this regard,if no response, go for writ petition to High Court after due consultation with a legal practitioner,because the terms of the service/employment of the said employee are not reflected in your query.
sanjay singh thakur
(Expert) 16 April 2009
Dear Mr. Raju
I do agree with Mr. Hage Nibo though so far suspension is concerned law is pretty settled that the person/authority appointing the employee can only suspend and no one else.
Uma parameswaran
(Expert) 17 April 2009
He can file writ petition before The High Court.
