Suspension Without Any Written Complaint

Dear all,

Kindly share your views. Can a manager be issued a charge sheet and placed under suspension based on a verbal complaint from a fourth-class contract employee?

Please guide.

SANJAY

Dear Sanjay,

With reference to your query, without a written complaint or any inquiry, you cannot suspend or issue a charge sheet to any employee.

Dear Sanjay,

Without any written complaint, a charge sheet should not be issued, and a copy of the complaint should be attached to the charge sheet. Please write a letter requesting the complaint and obtain acknowledgment. If the copy of the complaint is not provided even after the request, this issue can be raised in the domestic enquiry. Ensure that it is mentioned in the enquiry proceedings. Without a complaint, this entire episode is going to be manipulated by vested interests, and the enquiry, if organized, will be compromised.

Regards,
Kamesh

Dear Mr. Sharma,

An enquiry is followed by a charge sheet or suspension; hence, a complaint is required for chargesheeting an employee.

Regards,
Kamesh

Dear Sanjay,

The general principle is that the suspension of an employee is not concerned with a verbal or written complaint. Even a charge sheet is also not concerned with a verbal or written complaint. It is the prerogative of the authority to suspend an employee pending an inquiry and keep them under suspension. The authority has to inquire into the matter within a specified time limit and make a decision. If the authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise, during suspension, half (for a specific period) and thereafter, 75% salary will be paid to you. The charge sheet is to be issued by the authority (whether the complaint is in writing or verbal or it may be of their own observations), and it is their duty to prove the charges contained in the charge sheet. You will be provided details of charges and witnesses beforehand, and you will be provided a full opportunity to examine and cross-examine their witnesses and also to produce your own witnesses and evidence in your defense.

Thanks,

V K Gupta

Dear Seniors,

If the charge sheet is issued without the sanction of law, what will happen regarding the charge sheet? In my case, a charge sheet was issued, but there was no such clause in my appointment letter. They issued the charge sheet under the Model Standing Order, but my service is not governed by that statute.

Please guide me properly.

Thanks

I don't understand why members post queries with vague and incomplete information and how they expect a proper response. Both the original query and the new one added to it are incomplete and do not provide details of the circumstances and other vital information.

To all those who insist that a written complaint is required to make it valid, please tell me what happens if the employee is illiterate? Will an illiterate employee not have a recourse? Does the absence of a written complaint negate the wrongdoing? If complete details of the complaint and the incident are provided in the charge sheet given to the manager, does that not suffice?

Regarding the original post, why is there an emphasis on the complainant being a class 4 contract employee? Are you against a manager being suspended on a complaint from a class 4 employee (sweeper, Poen, etc.) or that the complaint is from a contract worker?

Which appointment letter have you seen that states that you can be issued a charge sheet? Does any company put such a thing in the appointment letter? They have issued a charge sheet; you claim that it does not have the sanction of law. In what way? Are you saying that the company has not followed the correct procedure or that they are not allowed to issue you a charge sheet? If they are not required to issue a charge sheet, then they can simply terminate you without a charge sheet, right? Also, tell me why you think the standing orders do not apply.

Dear Avinash,

Please go through my reply above. I reiterate that it is the prerogative of the authority/management to decide which fact/complaint they rely on and in what form (verbal or written) it should be accepted. It is their duty to prove the charges contained in the Charge Sheet. Can a complainant deviate from their original verbal statement or later support your version? It is your responsibility to refute and prove that the complaint and subsequent charge sheet are incorrect. For the purpose of explanation, if I accept your version of the written complaint as correct, would you acknowledge the complaint as valid and admit that the charge is accurate? If not, then what is the difference between a written and verbal complaint?

Furthermore, if anyone believes that the charge sheet is based on a verbal complaint and is unsatisfied with their suspension, they are free to challenge their suspension in a court of law since the management/authority's suspension order can be legally contested.

It is also the duty of the management to present all evidence to support their claims. We are not here to instruct others about their duties but to guide forum members. I would like to point out that management also thinks carefully before suspending an employee as they will have to pay them without receiving any productive output and may face litigation and expenses.

The discussion and explanation on your question are extensive, and I request you to understand the jurisdiction of each authority. We should not interfere with the jurisdiction of higher authorities except to challenge.

I am eager to reply to your further queries.

Thanks,

V K Gupta