High Court of Punjab and HaryanaCWP/21816/2016allowed

Jaivind Singh v. Haryana Tourism Corporation Ltd & ANR

2023-12-01Mr. Justice Sandeep Moudgil7 pages

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The services of a workman shall not be terminated on the grounds of misconduct, unless he has been adjudged guilty of misconduct, after a departmental enquiry held in the manner prescribed below:

(a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A charge sheet shall also be served on the workman within a month from the date of suspension by registered post by setting out the details of the alleged misconduct and shall contain the name of the Enquiry Officer and the place where the enquiry shall be held. The workman shall be given an opportunity for explaining the circumstances alleged against him. Such a workman may be assisted by any workman.

If the workman refuses, to accept the charge sheet in the presence of another workman, it shall be pasted on the notice board and shall be deemed to have been served on him. If the workman fails to present himself at the proper place before the enquiry officer to participate in the enquiry, the enquiry shall be proceeded ex parte.

(b) A workman who is placed under suspension under clause (a) shall during the period of such suspension be paid subsistence allowance at the following rates, namely.

(i)Where the enquiry contemplated or pending is departmental, subsistence allowance shall, for the first 180 days from the date of suspension, be equal to half of the basic wages, dearness allowance and other compensatory allowances to which the

workman would have been entitled if he was on leave with wages. If the departmental enquiry gets prolonged and if the workman continued to be suspended for a period exceeding 180 days, the subsistence allowance shall for such period be equal to 3⁄4th of such basic wages,dearness allowance and other compensatory allowance. Provided that where such enquiry prolonged beyond the period of 180 days for reasons directly attributable to the workman the subsistence allowance shall for the period exceeding 180 days be reduced to 1/4th of such basic wages, dearness allowance and other compensatory allowance.

(ii) Where the enquiry is by an outside agency where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first 180 days from the date of suspension, be equal to half of his basic wages, dearness allowance and other compensatory allowance which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings get prolonged and workman continues to be under suspension for a period exceeding 180 days, the subsistence allowance shall for such period be equal to 3⁄4th of such wages. Provided that where such enquiry or criminal proceedings is prolonged beyond the period of 180 days, for reasons directly attributable to the workman, the subsistence allowance shall for the period exceeding 180 days be reduced to 1/4 of such basic wages.

(c) if on the conclusion of the enquiry or of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered after givingthe workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of stoppage of annual increment or composition of fine or reduction in rank or dismissal/removal from service would meet the ends of justice, the employer shall pass an order accordingly.

Provided that when an order of dismissal/removal from service or reduction in rank is passed under this clause, the workman shall be deemed to have been absent from duty during the period of

suspension and shall not be entitled to any remuneration for such period and the subsistence allowance already paid to him shall not be recovered. Provided further that if an order imposing fine or stoppage of annual increment is passed under this clause and then the competent authority (as declared by the management) shall decide as to whether or not the workman concerned shall be treated on duty for the period of suspension. Provided further that if a workman is acquitted by court giving him a benefit of doubt, the Competent Authority as declared by the management, shall decide as to whether or not he shall be treated on duty for the period of suspension or proceeded against departmentally.

Provided further that in the case of a workman to whom the provisions of clause (2) of the Article 311 of the constitution apply, the provisions of that article shall be complied with, (d) If a workman is found guilty under clause (c ) above and it is considered that the period of suspension upto the conclusion of the enquiry was sufficient punishment, orders shall be passed to reinstate the workman and treating the period of suspension as punishment without any further payment for the period excepting the suspension allowance admissible provided that this period of suspension shall not exceed 90 days.

(e) If on the conclusion of the enquiry of the criminal proceedings the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received, if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.

(f) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.

(g) In awarding punishment under this standing orders, the Management shall take into account the gravity of the mis conduct,

the previous record, if any, of the workman and any other extenuating of aggravating circumstances that may exist. (h) A copy of the orders passed by the competent authority (as declared by the management) shall be supplied to the workman concerned, whereupon the order shall become operative, if he makes an application, a copy of the enquiry proceedings shall be supplied to him without delay."

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No