You need to challenge your suspension in court and seek stay for the same. In that case till the inquiry is pending you may be reinstated
Reinstate from suspension
I principal of high school got suspended due to allegation that I have collected money from parents to send their children to international floor ball game. But it was not fact, I myself donated to two students, rmaining students paid themselves personal withthe guidence of our pet. Due to visa rejection their tour got cancelled and amount was returned to parents by our pet. Student amount was refunded back. But by the complaint given by third party , with out issuing show cause notice, I got suspended and third pay gave news to media and sppoiled my presitage. He gave wrong complaint to chief minister as parents Now I lost my reputation as well as to face suspension. I was made scape goat in this issue intentionally by third party. I produce all documents of defence to our higher authorities. How can I reinstate . .
Asked 5 years ago in Labour
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12 Answers
Ypu must contest the matter for releaving ypur suspension, of higher authorities doesn't work tha take shelter of court and file a temporary injunction application against your suspension.
For image rebuilding, you are principal ypu know very well there is no specific instrument present to Re build a spoiled image. So. Winning the case and joining back would be the reinstate process
You have to take legal proceedings to challenge suspension order
say that tour got cancelled due to visa rejection and all money collected from parents was refunded
1. Is the suspension still in force? If yes, then you can send a representation to the inquiring authority to expedite the adjudication process. If they still do not expedite it then you may file a writ petition in the High Court.
2. Once the suspension is revoked then you can file a criminal complaint for defamation and also suit for damages against the person who made the allegations against you.
There's an order/judgement of the Supreme Court in which it was held that a government employee's suspension order won't stand beyond 90 days unless the prosecution files a charge sheet within that period. The court clarified that even if a memo of charges is filed within 90 days, suspension can only be extended by a reasoned order. You may take help of this order, in case you are now under suspension for a period of over 90 days. The suspension order can even otherwise be challenged on its merits. Approach the High Court challenging the same.
Dear Sir,
You are suggested to serve a legal notice to the department for reinstatement and if not done, file the writ petition in High Court.
Do you have proof that you have funded the two students from whom amount returned ? If yes than challenger the suspension. Also raise no opportunity granted to submit your defense, hence violation of principal of natural justice.
If higher authority is not taking any decision than approach court. Also file defamation suit and complaint against the the third person to claim compensation and punishment.
- As per Rule , the Government servant can be placed under suspension if the competent authority is satisfied that it is expedient to suspend such a Government servant in public interest, or where a criminal case against the Government servant is under investigation, inquiry or trial.
- Further , the competent authority is empowered to suspend a Government servant in contemplation of a disciplinary proceeding or during the pendency of the disciplinary proceeding.
- Further, as per Supreme Court ,if the suspension order is passed in contemplation of a disciplinary proceeding, the charge sheet must be framed by the disciplinary authority within three months from the date of issue of the suspension order, and if the charge sheet is not framed within the said three months, then the suspension order shall be revoked,
- Further, if the competent authority passes an order renewing the suspension along with the reasons to be recorded in writing for the delay in framing of the charge sheet , then such extension of the period of suspension in contemplation of a departmental proceeding can extended for a further period of four months , and if, within the extended period of four months, charge sheet is not framed „the suspension order shall stand revoked.
- Hence, you should produce all the proofs with a written application for reinstate job after cancelling suspension order before the Investigating Committee.
- If refuse , then you can approach High Court for the same.
- Further, for defaming you , you can fie a Defamation case as well.
You have been suspended and not terminated hence there is no question of reinstatement.
You can seek revocation of suspension order by giving an explanation to the show cause notice and in that you can attach the documentary evidences to defend yourself.
Has the department formed an inquiry committee?,
if yes, then you may have to appear before the committee and explain your status and express your innocence to convince the presiding officer of the committee.
Any legal action you may propose to initiate in this regard shall be taken up only after exhausting the remedy available now.
1. You should file writ petition before High court to get yourself reinstate at same position.
2. You can also send legal notice for criminal and civil defamation to that party if you have knowledge that who gave report to media against you without proving the offence.
Q
If all the above are true in your case, definitely you can challenge it.
You need to challenge the proceedings with all the material proofs available with you.
You need to prove your case.
In case, if you have material proofs to support your case, you can also file Defamation case against the said third party.
