Suspension
sukhpal singh
(Querist) 01 December 2011
This query is : Resolved
Employee has been suspended for misappropriation of funds and the department has given its complaint for investigation to police. In the complaint the department has made many other employees as accused for negligence. The police investigation is still on.
Sir,
1. Can the suspended employee take up the matter that the other employees in complaint are not suspended, why he?
2. How could he take up the copy of complaint from the Police or Department.
3. He was suspended on 7th Oct 2011, What should he do for the revocation of Suspension. This case is from LIC of India.
4. Moreover the employee at present is not posted at the Branch where the Misappropriation has occur.
Deepak Nair
(Expert) 01 December 2011
Answer to Q.1:- Here the ofences are different. Misappropriation of funds is a more serious offence than negligence. It is possible that the negligence of other employees are of not serious nature or yet to be proved. But "no action on other employee" cannot be a ground to take up a matter.
Q2.:- A police complaint or an FIR is a public document which can be accessed by any one. You can approach the police station yourselves or through your loawyer.
For Q.3 and 4, I am sorry to say that i canot provide you a satisfactory answer.
Looking forward for answers by experts.
Guest
(Expert) 01 December 2011
Dear Sukhpal,
Suspension is made in serious type of offences just to restrict the access of the employee to any of the office records of the office anywhere, so that he may not be able to tamper with any evidence or influence witnesses.
However, suspension is not treated as a punishment. So, pointwise reply is given below:
1) The employee cannot take up case against other employees, as he cannot equate his offence with others for which only gravity of the offence in each individual case matters.
2) I endorse opinion of Shri Deepak Nair on this point.
3) The employee is free to appeal against suspension and the appellate authority can revoke suspension any time based on merits of the case.
4) Present place of posting does not matter for consideration when the offence is of grave nature or of moral turpitude for the purpose of suspension.
V R SHROFF
(Expert) 02 December 2011
Sukhpalji,
u r already replied by experts Shri Nair & Shri Dhingra.for ans 1-2.
Ans 3]During Suspension, he will get full salary, this being domestic inquiry, u won't succeed to revocate suspension during inquiry. In many cases, it lasted till their retirement.
it is cheaper for co. to pay salary then damages involved by pr of such notorious employee. A Peroleum Co. Employee was stealing 400L Petrol/ Diesel from majority Tankers filled by him, and on investigation, Court declared, he shd have been supervised by Management Staff so he is not liable for his mistake. Employee became cr pati. relaxed during his suspension,when trf where he cannot make money, he resigned.
Ans 4] LIC had to safeguard itself, so will not post him at that branch of misappropriation. it is but natural.
U WILL GET FIR WITH UR CHARGE SHEET, and u can be represented by your Union, or employee of ur choice, or in person, or by adv of ur choice.
Sudhir Kumar, Advocate
(Expert) 05 April 2012
1. Can the suspended employee take up the matter that the other employees in complaint are not suspended, why he?
Ans : No
2. How could he take up the copy of complaint from the Police or Department.
Ans : By meeting staff at athana
3. He was suspended on 7th Oct 2011, What should he do for the revocation of Suspension.
Ans : Appeal to deptt.
. Moreover the employee at present is not posted at the Branch where the Misappropriation has occur.
Ans : During suspension he will be posted nowhere.
