• Retirement of a suspended employee

A lecturer in semi government inter collage has been suspended by management 10days before his retirement. 
I wanted to know that in this suspended period will he get his salary?
If he is suspended then when he will get the retirenment?
what if after few months that suspension is proved illegal, then can he file a defamation case againest management?
Asked 1 year ago in Labour from Orai, Uttar Pradesh
Hi,
was there any departmental enquiry conducted, any FIR lodged following the enquiry?
If not ,
 1. During the suspension period and the pending enquiry period the employee should  get his salary
2.  The retirement will be effective as scheduled and the employer  cannot stop the retirement benefits, like PF, gratuity and pension even if the enquiry established the employe guilty of the allegations levelled against him.
3. Yes the employee can take legal steps depending on the nature of the allegations, enquiry and how it was conducted, how it affected him in his personal , society life.
His options are, file defamation, sue for damages ask for compensation., if there was an FIR lodged and proceeded in the court and the employee was acquitted free of charges , then he can lodge complaint under CR.PC provisions to prosecute the employer.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. He will get the suspension allowance for the period of those 10 days,

2. He will retire on the same date when he was scheduled to retire unless his services are terminated with effect from the day he was suspended. In that case he will not retire but terminated before 10 days of his retirement. This will depend on the outcome of the enquiry of the charges leveled against him for which he has been suspended,

3. Yes, if the charges brought against him are not proved, then he will get his full salary for those 10 days and all other benefits,

4 Thereafter he can sue the sue the management and the concerned persons for leveling false charge on him causing defamation, mental agony etc. to him.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. He will get the suspension allowance for the period of those 10 days,

2. He will retire on the same date when he was scheduled to retire unless his services are terminated with effect from the day he was suspended. In that case he will not retire but terminated before 10 days of his retirement. This will depend on the outcome of the enquiry of the charges leveled against him for which he has been suspended,

3. Yes, if the charges brought against him are not proved, then he will get his full salary for those 10 days and all other benefits,

4 Thereafter he can sue the sue the management and the concerned persons for leveling false charge on him causing defamation, mental agony etc. to him.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Since you are lecturer in semi-government inter college, I need to know the rules and regulations of your institution. However, in case of a central government servant the rules of CCS (Pension) Rules are applicable, which are considered for replying your queries.

According to the CCS (Pension) Rules, 1972 the departmental proceedings, if instituted while the Government servant is in service before his retirement shall, after his final retirement, be deemed to be proceedings under rule 9 of the CCS (Pension) Rules and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service :

During the suspension period a Government Servant is entitled for the subsistence allowance, which is normally 50% of the salary drawn. 

Under the circumstances, the Government Servant is entitled for provisional pension under Rule 69 of the CCS (Pension) Rules  equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

To give answer to your last question, I need to know the grounds of suspension and other mitigating circumstances that leads to suspension just before the 10 days of retirement.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
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