Friends,
I have sent a representation to the Secretary, Department of Personnel and Training, proposing certain changes in the suspension related rules.
Presenting various RTI information about many police officers and engineers in UP who were later found innocent or non-guilty, the representation says that such information suggest possibilities of anomalies and discrepancies.
As per the representation, though the Constitution Bench of Supreme Court in R P Kapur v. Union of India (1964 AIR 787) said that the employer has a right to suspend his employee pending an inquiry into his conduct, but as stated by Supreme Court in State of Orissa Vs. Bimal Kumar Mohanty (A.I.R. 1994 SC 2296) and other cases, order of suspension shall not to be passed in a routine manner because it has disastrous impact on the employee is various ways.
Hence I have suggested that Suspension related rules shall be so amended that it is resorted to after proper application of mind, only where there are substantial facts and reasons for suspension. Also, in all such cases where these charge was not substantiated or the employee is completely exonerated, the case shall be scrutinized to fix responsibility of the officers who played key role in such suspension and the officer so suspended shall be suitably compensated for his pains, travails and humiliations.
Ur opinion please?
Copy of the representation---
Amitabh Thakur
Lucknow
# 094155-34526
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