suspension as punishment
harsha datta ray
(Querist) 05 June 2010
This query is : Resolved
In a disciplinary proceedings punishment order dated 28/5/2010, promotion ia withheld upto 31/5/2010 but suspension to be treated as such. The order is silent on seniority issue.
1) Is such treatment of suspension period valid considering imposition of
such a minor punishment?
2) Is there any reference case law based on which appeal can be filed to the Appellate Authority against such treatment of suspension period in the DA's order?
Devajyoti Barman
(Expert) 06 June 2010
The order of the enquiry committee needs to be seen. Are you a central govt employee? The case law depend upon the respective Service Rules of the respective govts.
Binod Kumar Mishra
(Expert) 06 June 2010
Dear Harsh,
it is not clear that whether you have been punished by your employer or not, please write clearly because you are writing that punishment order dated 28.05.2010 and again saying that suspension treated as such till 31.05.2010. it is not clear.
if you have been penalised for a minor penalty then please let the members know that what is it.
as far as promotion is concerned everything depends on your punishment, if it has been made over you.
first off clear the doubt then you will get a quick and accurate reply to your question.
harsha datta ray
(Querist) 06 June 2010
Dear Sri Misra,
The order of the DA dated 28/5/10 is reproduced below-
"1) HIS PROMOTION WILL BE WITHHELD UPTO 31/5/10,
2) THE SUSPENSION PERIOD IS TO BE TREATED AS SUCH."
As far as my knowledge goes, the suspension period can be attached as a punishment in case of Major penalties only. Is there any reference case law based on which appeal can be filed to the Appellate Authority against such treatment of suspension period in the DA's order?
