I think the action taken by the institute against you appears to be correct.
They would be justified in terminating your services, not just suspending you.
(You have given no details of reply / justification to any of the queries)
It is apparent that you are not doing your work and the the institute has been suffering on that account. I don't see any reason why they should not be taking action against you.
It's surprising you managed to be here for 24 years.
In a private company, you would have been terminated long ago.
From India, Mumbai
2395They would be justified in terminating your services, not just suspending you.
(You have given no details of reply / justification to any of the queries)
It is apparent that you are not doing your work and the the institute has been suffering on that account. I don't see any reason why they should not be taking action against you.
It's surprising you managed to be here for 24 years.
In a private company, you would have been terminated long ago.
From India, Mumbai
Dear seniors ihave sent details regd displinary and charge sheet but ihave not received any proper reply please help
From India, Pune
From India, Pune
I tend to agree with the observation of Saswat.
The position is very crucial, not only from the safety point of view but also for smooth running of the Institute.
Accordingly, accommodation within the premises have also been provided; so that the person can attend to faults or emergencies.
Moreover, it is imperative to plan leaves and have substitute in place for a position as crucial as JE (Electrical).
Sadly, the accusations, gathered over the years, prima facie, appear true.
The case has also been well-documented.
Despite the fact that we tend to give the benefit of doubt to employees, as the balance of convenience lies with the employer; in this particular case; due to the long standing complaints and the fact that the employee had been given ample chances to improve himself; there seems to be no improvement in the services rendered.
In any organization, there can not be any room for such negligence, indiscipline and utter lack of responsibility.
The only and the last resort left is to accept the charges and plead guilty. In any case, the charges will be proved in enquiry on the basis of documents produced by the prosecution nominee.
In case the charges are accepted and not disputed; there is a chance that the management may award a major penalty not amounting to termination or dismissal.
Disclaimer : These are my personal opinion and expressed by way of academic interest and in no way recommend any action that the individual may take. The individual is himself solely responsible for whatever action he may prefer to take.
From India, Delhi
The position is very crucial, not only from the safety point of view but also for smooth running of the Institute.
Accordingly, accommodation within the premises have also been provided; so that the person can attend to faults or emergencies.
Moreover, it is imperative to plan leaves and have substitute in place for a position as crucial as JE (Electrical).
Sadly, the accusations, gathered over the years, prima facie, appear true.
The case has also been well-documented.
Despite the fact that we tend to give the benefit of doubt to employees, as the balance of convenience lies with the employer; in this particular case; due to the long standing complaints and the fact that the employee had been given ample chances to improve himself; there seems to be no improvement in the services rendered.
In any organization, there can not be any room for such negligence, indiscipline and utter lack of responsibility.
The only and the last resort left is to accept the charges and plead guilty. In any case, the charges will be proved in enquiry on the basis of documents produced by the prosecution nominee.
In case the charges are accepted and not disputed; there is a chance that the management may award a major penalty not amounting to termination or dismissal.
Disclaimer : These are my personal opinion and expressed by way of academic interest and in no way recommend any action that the individual may take. The individual is himself solely responsible for whatever action he may prefer to take.
From India, Delhi
It appears to me the Estate Office has a very strong case against you and you have indeed been given many notices and warnings to which you have failed to respond or take corrective action. It does also appear that the action initiated is justified yet considerate, mild and within the statutes. It would be advisable to cut your losses and leave with whatever dignity you can save. If you initiate legal action, your institute will be within its rights to invoke stronger punitive action including penalties and recovery. Also, since you have shared confidential communication as above in a public forum, I suspect you would be liable to damages towards defamation - and justifiably so. Since there are serious charges of intentional misappropriations and moral turpitude; your institute could even take things as far as termination and withholding statutory benefits pending clarity.
I have shared my understanding and suggestions. I can only say that if you were in private/corporate world, you would have been in the dock long back with all you saying a good bye to all your accrued benefits. If a Government or quasi Government sector institute fails to do so; it is a weakness is the system.
From India, Mumbai
I have shared my understanding and suggestions. I can only say that if you were in private/corporate world, you would have been in the dock long back with all you saying a good bye to all your accrued benefits. If a Government or quasi Government sector institute fails to do so; it is a weakness is the system.
From India, Mumbai
You have been given the advice that is deemed proper by our seniors here. Please note that this forum will only share general ideas, but it is you who is solely responsible for your action.
Your comment came in almost 2 days after Saswata said what he did and I find his comments very proper and correct. If you think we will tell you your Institute is wrong, I am afraid, that seems improbable. This forum is not a place where I have seen unjust and wrong behaviour being supported, and if your institute's letters are to be taken at face value (which any reasonable person will do); I doubt if you will find supporters of your malafide behaviour here.
However, having said all that, if you can substantiate your innocence, I am sure many of us will be glad to help you fight for justice.
From India, Mumbai
Your comment came in almost 2 days after Saswata said what he did and I find his comments very proper and correct. If you think we will tell you your Institute is wrong, I am afraid, that seems improbable. This forum is not a place where I have seen unjust and wrong behaviour being supported, and if your institute's letters are to be taken at face value (which any reasonable person will do); I doubt if you will find supporters of your malafide behaviour here.
However, having said all that, if you can substantiate your innocence, I am sure many of us will be glad to help you fight for justice.
From India, Mumbai
Dear friends some time back i had scnned and sent my personal papers for your guidence regarding disciplinary action, some of the immature HR professionals replied stating that i would have been removed from services long back. I request all HR professionals before giving such derogative statements please learn the laws governing employment, HRM, etc can give comments,As far as my disciplainary action ans charge sheet the committe appointed quashed as it was base les, Thanks those who have replied responsibly, Thanka again
From India, Pune
From India, Pune
Hi,
The Model standing orders/Certified Standing orders under Industrial Employment Standing Orders Act 1948, aplicable to worknen, make a provision for payment of subsistance allowance, which is 50% of wages (basic + d.a). However, those persons who are not workmen are govenrned by contract of employment as mentioned in the appointment letters. If no rules are framed for executives (other than workmen), they cannot claim subsistance allowance.
In regard to Public sector companies/ Government companies, normally rules are framed for executive cadre employees, who are not workmen under the Standing orders. These rules are called by different names like "Conduct Discipline and Appeal Rules", "Disciplinary rules for Executive cadre employees" etc. In all such rules, provision is made for acts of misconduct, rules of discipline, punishments including provision for payment of subsistance allowance. However, as mentioned above, in private sectors normally no such rules are framed separately for executive cadre employees.
In your case, you seem to be working for a private sector. Please keep this in mind before taking any legal action against your employer......
Cyril
From India, Nagpur
The Model standing orders/Certified Standing orders under Industrial Employment Standing Orders Act 1948, aplicable to worknen, make a provision for payment of subsistance allowance, which is 50% of wages (basic + d.a). However, those persons who are not workmen are govenrned by contract of employment as mentioned in the appointment letters. If no rules are framed for executives (other than workmen), they cannot claim subsistance allowance.
In regard to Public sector companies/ Government companies, normally rules are framed for executive cadre employees, who are not workmen under the Standing orders. These rules are called by different names like "Conduct Discipline and Appeal Rules", "Disciplinary rules for Executive cadre employees" etc. In all such rules, provision is made for acts of misconduct, rules of discipline, punishments including provision for payment of subsistance allowance. However, as mentioned above, in private sectors normally no such rules are framed separately for executive cadre employees.
In your case, you seem to be working for a private sector. Please keep this in mind before taking any legal action against your employer......
Cyril
From India, Nagpur
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