Suspended for months without a charge sheet

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

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Your situation

What is the problem? Suspension or an inquiry already going on

Where you stand

In your favour Long suspensions must be reviewed, and subsistence allowance is payable during suspension.
In your favour A penalty without a fair inquiry or a chance to reply can be set aside.
In your favour Suspension must be reviewed before 90 days, and courts have held it should not continue beyond three months if no charge memo is served. Subsistence allowance can be raised after the first three months if the delay is not your fault.

Papers to gather

Appointment letter, service book extract and current pay slip
Basic proof of your post and pay. Where: Your office / HRMS.
The order you are challenging (suspension, transfer, penalty, rejection)
The core document of any case. Where: Your copy; office.
Copies of every document about the matter — orders, letters, emails, file notings, registers, accounts or attendance records
Your reply is only as strong as the papers behind it; collect them before access is restricted. Where: Your own copies; the office file; RTI if refused.
Charge sheet, your reply, inquiry report and documents relied on
Procedural defects are common grounds to challenge. Where: Disciplinary file (you can inspect it).
The service rules, conduct rules, policy or circular that applies (for example CCS (CCA) Rules 1965 and CCS (Conduct) Rules 1964, or your state’s rules)
Charges must be framed under a rule, and procedure must follow it; transfers and promotions must follow policy. Where: Department website; DoPT; RTI.
Your representations / appeals and any replies
Tribunals expect this first. Where: Your office copies.

You may also need, depending on your answers

File a written representation or appeal to the competent authority — Usually needed before a tribunal case.

What the law says

Central government employees’ disputes go to the Central Administrative Tribunal under the Administrative Tribunals Act, 1985, usually after exhausting departmental remedies, and generally within one year of the final order. Disciplinary action follows the CCS (CCA) Rules, 1965 or your service rules — a charge sheet, a chance to reply, an inquiry and a reasoned order. For a major penalty (Rule 14) the memorandum must set out the articles of charge, a statement of the imputations, and the documents and witnesses relied on. Since the 2017 amendment you get 15 days to file a written statement of defence, extendable by 15 days at a time but never beyond 45 days from receipt (Rule 14(4)). If you deny the charges an inquiry follows: you may take a serving or retired government servant as defence assistant (Rule 14(8)), inspect the listed documents (Rule 14(11)), ask for other documents and produce your own witnesses, and the inquiry should finish within 6 months, extendable (Rule 14(24)). You must get the inquiry report, with any reasons the disciplinary authority disagrees with it, and 15 days to respond before a penalty is decided (Rule 15(2)). For a minor penalty (Rule 16) you are given a chance to make a representation. An appeal against a penalty or suspension lies within 45 days of receiving the order (Rule 25), and then the tribunal within one year. Suspension must be reviewed before 90 days (Rule 10(6)); the Supreme Court has held it should not continue beyond three months if the charge memo has not been served (Ajay Kumar Choudhary v. Union of India, 2015). Subsistence allowance is half pay for the first three months and can then be raised or reduced by up to half (FR 53). State employees follow their own rules — for example the Odisha Civil Services (CCA) Rules, 1962 — which are similar but not identical; PSU and bank staff follow their own conduct and discipline regulations. Suspensions must be reviewed within set periods. Armed forces personnel and veterans go to the Armed Forces Tribunal. State employees go to the State Administrative Tribunal or the High Court. Pension grievances can be raised on CPENGRAMS.

General information, not legal advice.

Saboot will also ask

Who is your employer?
Is there a final order against you?
Have you filed a departmental appeal or representation?

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Similar situations

Sources

The full guide: Government job problem — suspension, departmental inquiry, transfer, promotion, salary or pension · All situations