Harish Chugh
Asked March 09, 2017

Appeal on job suspension

  • 1 Answer

An employee suspended from job. Domestic Inquiry was conducted against an employee by Retd. High Court Judge. After only 3 dates and without evidences/witnesses, the Inquiry officer conclusion was: "I conclude that prima facie case is made out against employee under charge no. 1 to 5. In view of the above conclusions, the competent authority may, in its discretion, order an in depth regular Inquiry against the employee." The suspension is STAYED by District and Session Court under Educational Tribunal. Now, employer gave the letter of holding Regular Inquiry against the employee again by another Retd. High Court Judge. Please suggest, what employee can do now?

Answer 1

Actually there is nothing which the employee should do at this juncture. Since his suspension has been stayed by the Learned District and Sessions Court under Educational Tribunal he can resume his service if any such direction has been given in the order and he should comply with the order. If no such direction has been given then the employee should make a representation to the employer to allow him to resume his services in light of the facts that his suspension has been stayed and further suspension will not only create a prejudicial environment against him in the department but will also cause him mental suffering and financially losses. Even if the employer  rejects the said representation the very fact that the employee made any such representation in past will be helpful in claiming his back wages for the period of suspension after getting clean chit in the second investigation.

                Coming at the investigation part, whatever has been done so far does not appear to be extra judicious or erroneous as during the investigation judge may frame prima facie opinion from the facts and circumstances presented before him at the initial stage, he does not need to hear any witnesses  and look for any evidences in order to arrive at the conclusion that a prima facie case is made out under the said charges and thus he has ordered for an in depth inquiry in which the next Inquiry Officer will ascertain such charges if he is satisfied with the detailed evidence presented before him. The employer has complied accordingly and have appointed another Retd. High Court Judge for carrying out this regular enquiry. By doing so neither the Judge of the initial inquiry nor the employer has done any injustice to the employee. Since charges are not mentioned in the query it is not possible to ascertain whether a prima facie case actually lie or not but for now the employee should cooperate with the Inquiry Officer and continue his employment in the meanwhile if such relief has been awarded at all by the order of the Learned District and Sessions Court under Educational Tribunal.

Agree Comment 0 Agrees over 3 years ago

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