Suspended for more than 06 monthswithout chargesheet
Anil
(Querist) 12 October 2016
This query is : Resolved
sir,
I work in a PSB, as an Scale officer joined 4 years back, and I was suspended after 10 months of an explanation call where I was convinced to accept the explanation call charges , where there was no monetary loss happens to the or customer complain at all. now its more than 06 months I have been suspended without chargesheet. please guide me on this.my personal EMAIL ID is anilkumarsah303@gmail.com
adv.bharat @ PUNE
(Expert) 12 October 2016
Anil have u given call charges explanation to your organisation?
Please state the full fact of case so that we may guide you properly.
If u appreciate my answer then will u give THANK on my LCI profile.?
Ms.Usha Kapoor
(Expert) 13 October 2016
At least 1year delay in issuing charge sheet would vitiate the enquiry and disciplinary proceedings.If you appreciate this ANSWER PLEASE CLICK THE THANK YOU BUTTON ON MY PROFILE.
P. Venu
(Expert) 13 October 2016
The suspension is vitiated because of the non-issue of charge-memo.
What do you mean by "I was suspended after 10 months of an explanation call where I was convinced to accept the explanation call charges , where there was no monetary loss happens to the or customer complain at all"!
Rajendra K Goyal
(Expert) 13 October 2016
You can demand full subsistence allowance after 6 months.
Prey the disciplinary authority to revoke the suspension pending issuing of charge sheet as sufficient time has passed.
Kumar Doab
(Expert) 13 October 2016
In a landmark judgment; the Supreme Court of India has extended, the principle of right to speedy trial in a criminal case, to the service law matters.
The Apex Court has laid down that, the suspension of a Government servant, in case of for a departmental enquiry, cannot be continued beyond 90 days if charge sheet is not given on time.
The Apex Court has directed that even where the charge-sheet is served on time and the suspension is required to be extended by the competent authority, a reasoned order must be passed for the extension of the suspension.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 1912 OF 2015 (Arising out of SLP © No. 31761 of 2013
AJAY KUMAR CHOUDHARY Vs UNION OF INDIA THROUGH ITS SECRETARY & ANR..
http://judis.nic.in/supremecourt/imgs1.aspx?filename=42385
Such has been the impact of the above mentioned judgment of Apex Court that;In a stern notice to all the heads in the Central government ministries and departments, the Department of Personnel has directed that charge sheets be served within the stipulated 90 days period to officers placed under suspension in order to ensure that the suspension does not lapse by default.
The impact of the above mentioned judgment of Apex Court is immediately visible in judgments delivered by high courts as well, e.g
Madras High Court
M. Karthik vs The Director on 8 August, 2016
https://indiankanoon.org/doc/10014316/
7. On a perusal of the Judgment of the Hon'ble Supreme Court in Ajay Kumar Choudary's case [cited supra], it is crystal clear that if no charge memo/charge sheet is issued within a period of three months, an employee cannot be continued to be placed under suspension. However, if the charge memo/charge sheet is issued, then, the Department should decide about the extension of suspension.
Kumar Doab
(Expert) 13 October 2016
The details and judgments can also be downloaded from;
http://www.lawyersclubindia.com/forum/Apex-court-currency-of-a-suspension-order-should-not-extend-143183.asp
http://www.lawyersclubindia.com/experts/Apex-court-currency-of-a-suspension-order-should-not-extend-beyond-three-months-619901.asp
Rajendra K Goyal
(Expert) 13 October 2016
Good effort by the expert Kumar Doab, proceed accordingly.
Kumar Doab
(Expert) 13 October 2016
Thanks Expert Mr. Rajendra K Goyal.
Ms.Usha Kapoor
(Expert) 14 October 2016
According to many Judgments I read of both High courts and supreme courts a delay of 1 year infilling charge sheet vitiates the disciplinary proceedings. The disciplinary authority must either revoke or modify the suspension order.
Kumar Doab
(Expert) 14 October 2016
Subsequent to the recent landmark judgment by Apex Court the and recent interpretation by High Court as above, the employee may proceed to derive the benefit in his case.
Anil
(Querist) 14 October 2016
Thanking DHOAB Sir, for comprehensive information. Its really very useful.
Devajyoti Barman
(Expert) 14 October 2016
Yes, after this decision the employer is bound to frame memo of charges within 3 months from the date of months. Any further delay would vitiate the DP.
Rajendra K Goyal
(Expert) 15 October 2016
Agree with the expert Devajyoti Barman.
