Law of Services---suspension

Law of services----Suspension.

              The employer or the competent authority has got a right to place an employee under suspension when he has committed a serious misconduct and the employer feel that if this man is kept in service, he shall be trying to disturb the process of investigations and trial.  Similarly when an employee has committed a crime and police has arrested him, the employer has got the discretion to place that employee under suspension till the finalization of the case.

                  As per rules the employer or the competent authority has to examine the case at the end of each six months and if they feel that the employee be reinstated in service pending investigation, trial or enquiry, they can do the same and they shall reinstate the employee and if they desire that the suspension should continue, then if the employee is not at fault in keeping the case pending, his subsistence allowance is increased.

             If at the end of investigations, trial or disciplinary proceedings the employee is exonerated, then he is reinstated and the period of suspension is converted into duty period and if some punishment is given then this period shall not be converted into duty period.  If an employee gets minor punishment, even then his period of suspension is converted into duty period.

                 Suspension is not a punishment, but even then red entries are made in the service book and the employees must avoid such a course.  People around feel that the man has done something wrong and therefore, he has been placed under suspension.   So suspension is not good, but it is a tragedy that some people have to undergo such a course.

               An employee cannot seek voluntary retirement during the period of his suspension and sometime the employees are directed to have leave to cover the period of his suspension and if this period, otherwise, shall not count towards pension. Under such circumstances, this suspension, which otherwise is not a punishment, becomes punishment and adverse effects are there on the service record of the employee.    The employer or the competent authority has got the discretion to shift the employee from one station to another during the period of suspension and he has to shift to that station and thus in most of the cases, such employees have to keep their families at two places and have to bear extra espenses.