Is the Employer (Disciplining Authority) regulary Paying the Subsistence Allowance to the Employee-Suspended Pending Inquiry?
Many Employers fail to realize that in the event the alleged Misconduct as stated in the Charge -Sheet/ Show Casue Notice/Explanation seking Letter , is / are Not Found Established/Proved after the Domestic Inquiry is concluded, Full Wages due during Period of Suspension Pending Inquiry shall have to be disbursed . Addidtionally, there is Lurking Risk that in case s/he sues the Employer for Wrongful Dischage/ Wrongdoing, the Judiciary may Award Harsher Penalties for Arbitrary & Perverse Action as the trend indicates.
No doubt Employers have prerogative/Privildge to take Discilinary Action but Laws of our Land
ensure whenever taken up, that the Priviledges are exercised with Due Discretion and Judiciously
Employers are better Advised to Opt for Fair, Just & Proper Dealings with Work, Workr *& Workplace Discipline and shun Arbitrariness and or Arrogance for thier GoodWill & Reputation are also at stake. Sataymev Jayatey
Harsh K Sharan, Kritarth Consulting Team
Bengaluru ServiceCentre, 17.7.2020