Last Updated on November 15, 2018 by Legalseva.net
Punjab and Haryana High Court at Chandigarh under its writ jurisdiction can stay any illegal suspension from any of the government offices.
Suspension must be in strict consonance with statutory rules and guidelines adopted by organization through proper notification issued in public.
No official can use these rules as per his convenience or to show his strength upon subordinate staff.
Courts come heavy on those who flout rules in violation of natural justice principle and show prejudice to employees without any rhyme or reason .
Also Read- ASSURED CAREER PROGRESSION SCHEME
High Court of Punjab and Haryana covers all government offices of State of Punjab and Haryana plus Chandigarh (UT) even though Central Administrative Tribunal (CAT) specifically deals with service matters of central government employees.
The interesting case of Director of NIPER, Mohali who has challenged his suspension order terming it to be illegal and without any statutory force is doing rounds for so many weeks from now.
Finally, High Court intervened and stayed the matter but that wasn’t enough. The central government also took part and suspended the director after the institute.
Also Read- CAN TRANSFER OF GOVERNMENT EMPLOYEES BE CHALLENGED IN COURT ?
Now the decision has to be challenged afresh and in light of these developments , the order of suspension has to be reviewed again.
The Director is suspended for the charge ‘defiance to authority and insubordination ‘. As per government, the rebellious acts of director constituted misdemeanour and affected other employees. Therefore it was necessary to suspend him.
Suspension from Job can be temporary or permanent and both can be challenged before competent court of law.
Also Read- DISCIPLINARY PROCEEDINGS PROCEDURE IN INDIA
Only after a proper enquiry, the person can be terminated or suspended from the job. The usual process is :
1 Issue Showcause notice
2 Reply of Showcause notice
3 Appoint Enquiry Officer if reply not satisfactory and inform the delinquent employee.
4 Report of Enquiry Officer to Disciplinary Authority competent to hear the matter. Give copy to employee as well.
5 Fix issues and conduct hearing giving equal opportunity to both organisation and employee to lead evidence.
6 Once evidence and arguments are over. Fix it for judgment.
7 whether charges proved or not? Yes/No
8 Decide in nature of punishment major/minor penalty and hear final say of the employee in nature of punishment.
9 Handover the orders to employee informing him of the appeal against order in stipulated number of days under certain rules and regulation.
10 End of matter here. Now before the Appellate Authority.
This is just a summary of what you can expect in disciplinary proceedings if initiated against you. If any of the step is ignored, you can challenge the same in court of law and in that eventuality you have a good case since there is a violation of settled principles of law.
Also Read- SHOW CAUSE NOTICE BY EMPLOYER
The major/most important fact here is to see whether the authority suspending the delinquent employee has to power to suspend or not under statute being followed ? Most of the cases are stayed by High Courts of Punjab and Haryana at Chandigarh on this sole ground only.
Service matters are bit complicated and contentious and only a service matter expert lawyer/advocate can understand the nuances of your case. So it is very important to put your hands on top/best lawyer of Punjab and Haryana High Court at Chandigarh to increase your chances of wining the case.
Also Read- APPEAL AGAINST DISMISSAL IN CAT
Rest stay informed, stay strong and remain connected to LegalSeva.
For more info on subject, please dial 99888-17966.
