• Suspension from Services

I was placed under suspension on [deleted] subject to enquiry. The Company Issued charge sheet at the end of 6 month stating gross negligence in monitoring the duties of team member. I denied the charges and asked to appoint independent arbitrator for enquiry as per the staff rules. One of my team members working under me delivered the valuation reports to Bank with wrong valuation and escaping. The then management tried to scapegoat me. 
The Company appointed advocate as an arbitrator without following the rules and regulations, approached high court for appointment of arbitrator but High Court after one year gave a judgement to attend with the same arbitrator. In the enquiry sought for support of advocate since the matter is serious in nature and being enquired by CBI. Company arbitrator denied for appointment of Advocate as well for support of employees who have resigned from the company in the enquiry proceedings, hence once again approached High Court. When the matter got listed after two months of petition in the high court, the company lawyer sought time and said they will not conduct the enquiry until further proceedings. Presently it is not getting listed and almost 2 years have gone since suspension. Kindly advise how to proceed.
Asked 4 years ago in Labour

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6 Answers

Dear Client,

For delay in initiating proceedings, you should seek reinstatement through tribunal or HC. Proceedings are on halt on the understating of company, it is their duty to get the matter disposed so that necessary outcome of inquiry can be deliver so for lapse of completing inquiry in time bound manner, employee cannot be kept under indefinite suspension.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You should file in application for urgent hearing in High Court showing urgency in your matter stating that you have been suspended for the last 2 years pending enquiry.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

For time being the urgency can be mentioned in the high court for appointment of the arbitrator since it is more then below suspension and you are suffering serious prejudice and CA can be filed for listing of the matter and deciding it fast.

Further you can file a petition in the high court and can seek reinstatement pending the enquiry as it will take lot of time,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Move an application for early hearing in this writ pending in the High Court.

Also, go through the judgement given by the Hon'ble Apex Court in the case of Ajay Kumar Choudhary vs, Union of India [(2015) 7 SCC 291]. 4. That the law declared by the Hon’ble Apex Court in the case of Ajay Kumar Choudhary(supra) is that the memo of charge/chargesheet must be filed within 90 days of suspension; otherwise the suspension will be rendered bad. Additionally, the said judgment provides that even in those cases where a charge sheet is filed within 3 months, the order of suspension will not continue/extend automatically and the suspension can only be extended by a reasoned order passed afresh.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You have to follow it up through your advocate who would try some sources to bring the matter to list of cases to be heard.

He/she should know the procedure for this.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. Your grievance is that you were not granted the leave by the arbitrator to engage a lawyer, against which you approached the High Court but your petition is not being listed before the High Court.

2. Due to humongous pendency of cases in the High Court matters are not getting listed. This is a pan Indian problem. Now the maximum you may do is file an application in the High Court to seek the listing of the case but you will have to explain the urgency.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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