Is It Fair to Suspend an Employee Without a Charge Sheet During an Inquiry? Seeking Advice on Legal and Ethical Grounds

Dear all,

An employee, while on duty, misbehaved with the coworkers and used abusive language. Is this behavior enough to suspend the employee pending inquiry? Can an employee be suspended pending inquiry without being provided a charge sheet and without having the opportunity to present their version of the incident? Can the charge sheet and the suspension order be issued together? Would this not be against natural justice? The employee is receiving a subsistence allowance.

What is the threshold for charges at which suspension pending inquiry is both legal and advisable?

Kindly advise.

Regards,
Sebuks

Dear SEBUKS,

I have read your 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 workplace to ensure that he does not pose a danger to the safety and security of other employees and the property of the organization, 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 management. Suspension pending enquiry should be based on the above considerations. I would suggest that a separate dossier is maintained for each charge-sheeted employee for future reference and records. This would be handy when the management decides to terminate the services of the accused employee. Past records are quite helpful 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

Email: [Login to view]

Mr. SK Hota,

I appreciate your effort in supplementing my clarification with more details. I once again would like to thank you.

Regards,

Yours truly,

Satish Kumar
Sr. Manager (HR)
NTPC Foundation, Noida

The charge sheet has been issued to a delinquent employee based on a prima facie inquiry. The concerned employee has requested an extension of time to reply to the charge sheet. However, due to the serious nature of the charges, can the management immediately issue a suspension order, allowing the employee time to respond while the inquiry is pending?

Your guidance on this matter would be greatly appreciated.

With regards,
Apurba Sen

a) Please allow sufficient time to reply, as this will show that you have given the opportunity to explain, as per the principles of natural justice.

b) The decision regarding the pending suspension order depends on the seriousness of the misconduct. You can issue the pending suspension order.

Regards,
SDP

Understanding Suspension in the Workplace

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, theft, or an offense involving moral turpitude, one need not deliberate much on the justifiability of suspension since those acts taint the character, conduct, and morals of the delinquent and show depravity of his character.

However, misbehavior will altogether fall under a different class but not in the same class as those discussed above, though it is still misconduct under the disciplinary rules/standing orders. It does not involve any act involving moral turpitude. Misbehavior may be the result of a fit of emotion, anger, or temporary rage and may not be loaded with intent or may be a behavioral aberration without meaning to cause any threat to the peace, security, and safety of the employees. In such a case, a suspension is not warranted.

Factors to Consider Before Suspension

You need to consider the following factors:

1. Whether the act of misbehavior assumed overtones of serious disorderly behavior.
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 misbehavior is repetitive in character, etc.

Regards,
B. Saikumar
Mumbai

Types of Suspension

Suspension has two types:
1. Suspension during a pending enquiry
2. Suspension as a punishment.

Suspension as a punishment comes into force after an enquiry or possibly after the acceptance of charges by the delinquent employee. Furthermore, suspension can be executed in two ways. Firstly, give a show cause notice, then frame a charge sheet against the delinquent employee, and if required, suspend the employee until a domestic enquiry is conducted.

In another scenario, as I read above, if a charge sheet is not framed, is it possible to suspend the person? Certainly, we can suspend the delinquent employee without framing a charge sheet according to the gravity of charges. If an employee commits major misconduct, immediately suspend the employee, then proceed to frame the charge sheet. After framing the charge sheet, post it on the notice board and send a copy to the delinquent employee's native place.

Regards, Vijayender Chandel Manager-HR