2015 (4) TMI 1357 - HC - Indian Laws

Suspension of petitioner - petitioner remains suspended for more than eight months merely on the ground that a criminal complaint has been lodged against the petitioner and a charge-sheet has been filed in connection therewith - HELD THAT - Merely because the petitioner has been charged with having accepted a bribe and marked currency notes may have been recovered from the petitioner it does not imply that the petitioner is guilty before he is pronounced as such. However self-righteous and indignated the employer may feel it would be arbitrary and unreasonable to subject an employee to an indefinite period of suspension over a criminal trial that the employee or the employer may not be able to control. The indefinite period of suspension in case of the petitioner must end with immediate effect. Accordingly the appellate order impugned dated March 18 2015 and the decision of the bank to continue the suspension of the petitioner are set aside and the petitioner is permitted to join such duties as the bank may assign to the petitioner by the beginning of May 2015 - It will be open to the bank to transfer the petitioner to some other branch or assign such duties that may not involve any contentious matter. The petitioner should be communicated his next place of posting within a period of a week from date. The petitioner will be entitled to the regular salary and emoluments from the day the petitioner resumes his duties. Petition allowed.

Summary

Issues:
Suspension of petitioner based on criminal complaint and charge-sheet without disciplinary proceedings, Applicability of Rule 12 of Allahabad Bank Officer Employees' Regulations, 1976, Review of suspension order by appellate authority, Interpretation of recent Supreme Court judgment on suspension duration, Consideration of employee and employer rights during suspension, Decision on ending indefinite suspension and allowing petitioner to resume duties subject to certain conditions.

Analysis:
The petitioner was suspended for over eight months due to a criminal complaint and charge-sheet without any disciplinary proceedings initiated against him. The respondent bank justified the suspension citing permission granted under the Prevention of Corruption Act, 1988, and lack of confidence in the petitioner. The bank relied on Rule 12 of the Allahabad Bank Officer Employees' Regulations, 1976, allowing suspension during criminal investigations. The petitioner's previous petition challenging the suspension was disposed of, directing the Chief Manager to reconsider the suspension. However, the appellate authority reviewed the suspension and upheld it based on the bribery case and the recovery of marked currency notes from the petitioner.

The petitioner referenced a recent Supreme Court judgment emphasizing that a suspension order should not extend beyond three months if charges are not served within that period. The judgment highlighted the impact of indefinite suspension on both the employee and the employer, stressing the need for a limited suspension period. It emphasized that the employer could transfer the employee to prevent interference with the case but could not indefinitely suspend based solely on criminal charges.

The court found that the petitioner's suspension should end immediately, setting aside the appellate order and allowing the petitioner to resume duties by May 2015. The bank was permitted to transfer the petitioner to a different branch or assign non-contentious duties. The petitioner would receive regular salary and emoluments upon resuming duties. The judgment also urged the bank and investigating agency to expedite the criminal trial and prevent any delays.

In conclusion, the judgment addressed the issues of indefinite suspension based on criminal charges, the application of relevant regulations, the review process by the appellate authority, the interpretation of legal precedents, and the rights of both the employee and the employer during suspension. It provided a balanced decision allowing the petitioner to return to work while ensuring the progress of the criminal trial and safeguarding the interests of all parties involved.