Suspension Pending Enquiry - Natural Justice

Dear all,
An employee while on duty misbehaved with the co workers and used abusive languages. Is this charge enough to suspend the employee pending enquiury? Can one suspend an employee pending enquiry without giving a charge sheet and hearing his version of the incident. can the charge sheet and the suspension order be issued together? Is this not agisnt natural justice. He is being given subsistance allownce.
What is the degree of charges where suspension pending enquiry is legal and advisable.
Kindly advice,
regards,
sebuks

My Dear SEBUKS,
raed ur query. suspension is of two types; 1. suspension pending enquiry, and (2) suspension as punishment.suspension pending enquiry decision is taken when it is not desirable to keep the accused employee at the work place to ensure that he does not pose danger to the safety and security of other employees and the property of the orgn. and he does not get a second chance to repeat the same misconduct.He is deprived of the chance to falsify the record or tamper with the witnesses and records.it is not an absolute right of the magmt. suspension pending enquiry is to be based on above considerations.I would suggest that a separate Dossier is maintained in respect of each charge sheeted employees for future reference and records.This would come as handy when the mgmt. decides to terminate the services of the accused employee.Past record is quite handy at such times.
Regards,
Yours Truly,
SATISH KUMAR,
SR. MANAGER(HR)
NTPC Foundation,
Noida

Dear Satish,



Your clarification to the query of Sebuks is absolutely correct with regard to the situation that warrants suspension of an employee pending enquiry. I am clarifying some other points on this query to supplement your clarification



Suspension pending enquiry is not a punishment, which can be made before the service of charge sheet to the employee or at any time thereafter. Suspension should not be ordered unless the charges are serious and there is prima-facie truth about such serious charge against the employee. Where the complaint of misconduct lacks in essential details or when the prima-facie truth of the allegation is doubtful or where there are allegations and counter allegations, before placing an employee under suspension, a preliminary enquiry should be made by a responsible officer. The delinquent may or may not be associated with such preliminary enquiry. Statements can be collected from those who appear to have witnessed or have personal knowledge of the incident. As cited by Sebuks the employee while on duty misbehaved with more than one co-worker using abusive languages. This definitely is an act of serious misconduct, for which he is liable to be placed under suspension pending issue of charge sheet and enquiry thereto. Discipline is to be enforced in the organisation at any cost, because discipline is the force that prompts an individual or group of employees to observe the rules, regulations and procedures of the organization in order to achieve it’s goal. Usually in the Certified Standing Orders or Service Rules of the organizations, the act of misconducts, which are minor and major ones are incorporated. If such act of misbehavior with co-workers using abusive languages is not specified as major misconduct, then only the employee can not be placed under suspension pending issue of charge sheet and/or enquiry.



Thanks.



SKHota

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Mr. SKHota,
I appreciate your effort in suplplementing my clarification with more details.I once again would like to Thank You.
regards,
yours Truly,
SATISH KUMAR
SR. MANAGER (HR),
NTPC Foundation, Noida

Sir,
The charge sheet has been issued to a delinquent employee on the basis of prima- facie inquiry. The employee concerned requests to extend the time for replying the charge sheet. Bur since the charge is serious in nature, can the management issue suspension order immediately allowing him time to give reply and pending inquiry.
Kindly advise .
With regards,
Apurba Sen.

Dear Apurba
a) Allow sufficient time to reply as this will show that you have given opportunity to explain as per the Principles of Natural Justice
b) The issue of pending suspension order-depends on seriousness of the misconduct. you can issue the pending suspension order.
Regards
SDP

Mr.Satish and Mr.Hota provided enough guidelines on suspension. However, suspension, one must understand ,is more punitive than a punishment, if it is not warranted. It cannot be exercised mechanically at the drop of a hat. In certain cases like fraud or theft or an offence involving moral turpitude, one nedd not deliberate much on the jsutifiablity of suspension since those acts taint the character, conduct and morals of the delinquent and shows depravity of his character. However, misbehaviour will all together fall under different class but not in the same class as those discussed above though it is still amisconduct under the dicsiplinary rules/stabding oredres. It does not involve any act invoving moral turpitude.Misbehaviour may be teh result of a fit of emotion or anger or temporary rage and may not be loaded with intent or may be a behavioural aberration without meaning to cause any threat to peace security and safety of the employees. in such case, a suspension is not warranted.

You need to consider teh following factors.

1) Whether the act of misbahaviour assumed overtones of serious disorderly behaviour.

2) whether the act is loaded with intent-deliberate and blatant.

3) whether any bodily harm was caused to other co-workers so that continuing him poses danger to the safety and security of the employees.

4) whether his misbehaviour is repetetive in character etc.

B.Saikumar

Mumbai

Suspension has two types: 1. Suspension during pending enquiry 2. Suspension as a punishment
Suspension as punishment come in to force after enquiry or may be after acceptance of charges by delinquent employee.Further, Suspension can be done by two types. Firstly give show casue notice, then frame charge sheet against delinquent employee after that if required then suspend the employee till domestic enquiry.
In another case as I read above that if charge sheet is not framed then it is possible to suspend the person ?
Obviously we can suspend the delinquent employee without framing charge sheet according to the gravity of charges.If any employee did a major misconduct, immediately suspend the employee, after that frame the charge sheet.After framing the charge sheet put the charge sheet on notice board and register it to the delinquent employee's native place.
Regards,
Vijayender Chandel
Manager-HR