Suspension for 3 years without chargesheet and without extension of suspension

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Suspension for 3 years without chargesheet and without extension of suspension

Ask a New Legal Question (Free)

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 week, 2 days ago.

  • Author
    Posts
  • #5277

    Omana Saji
    Guest

    Sir,
    I am working in a reputed CBSE school. I am under suspension since last three years.
    I had been suspended on 9th January 2016 without any charge sheet and no single extension of suspension is issued to me till date. No departmental inquiry was conducted till June 2018. In June 2018 they issued a fresh memorandum and conducted the inquiry but could not find me guilty. But still decision is pending and I am still on suspension.

    Please guide.

  • #5284

    Depending on the rules that are applicable to you, you may have to challenge your suspension in the appropriate court or tribunal. You have mentioned about CBSE school. But, it can be central school, a school under some state government, or a private school and that too it depends on in which state.

    Depending on all these aspects, the relevant rules applicable to you would be different, as each state has different set of rules and within the same state also, different rules may be applicable to private schools.

    My advice to you would be to contact some local lawyer at your place and consult him along with the relevant rules that are applicable to you. It may not be possible for an outsider to know about the relevant rules. Depending on the rules applicable, you can consider taking necessary action by approaching the appropriate court or tribunal (for example, if it is a central school, then the case may go to Central Administrative Tribunal or CAT).

    You can check from your rules whether there is a provision for review of suspension periodically, i.e., after every 3 months or 6 months; and, also whether there is a time limit for initiation of disciplinary proceedings after order of suspension.

    If the decision in the departmental enquiry is pending (though you said that you could not be found guilty), you can wait for some reasonable time for that.

    You may please also a relevant judgment of the Supreme Court, which I have covered in my article: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court. This judgment was with regard to a central government employee, and it may or may not be applicable in your case, depending on your rules, but it will give some idea about the basic principles on this issue.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

You must be logged in to reply to this topic.

You may also like to read these topics:

Bank dpd - departmental proceedings, promotion, sealed cover
Can investigating officer be appointed Presenting officer in Departmental Inquiry?
Conducting departmental enquiry when criminal case is still pending in same case
Dismissal from service - territorial jurisdiction of CAT Bench

Facebook Comments

[Note: For a free legal question with your Facebook login, click here.]