Paid Advise

Withholding of salary without any reason

Shivendra Pratap Singh

Advocate

17/08/2022

Reading Time:

Question: I’ve been on an unpaid service for last 3 months, progressing into 4th, purely on frivolous grounds, at the whims of accounting unit head,  without following due process of law, as laid down in Central Civil Services (Conduct) rules, without any charge-sheet, denying any representation subsistence too. What recourse do I have in this matter?

Asked from: Madhya Pradesh

You have the evidence to prove that you have been discharging duty continuously. There is no departmental or disciplinary proceeding pending against you. In this situation the Government cannot withhold your salary. 

Article 300-A of the Constitution guarantees that no persons shall be deprived of his property saved by authority of law. Salary is a property within the meaning of Article 300A of the Constitution of India. Salary of an employee, therefore, cannot be withheld except for cogent reasons. Therefore, in the absence of any lawful justification, the government cannot stop your salary. 

Till date, no show cause notice has been issued against you. Withholding salary without affording an opportunity of hearing is an arbitrary act and more importantly, it is a breach of the principle of natural justice i.e. audi alteram partem.

It is an undisputed fact that you have been discharging your duty including the period to which your salary has been stopped. There was no correspondence with you before withholding your salary. There were disciplinary proceedings against you under the CCS (CC&A) Rules, 1965. 

Article 23 of the Constitution of India, recognizes the fundamental right of the citizens of this country not be compelled to work without wages [Olga Tellis v. Bombay Municipal Corp, AIR 1986 SC 180; State of Gujarat v. Hon’ble High Court of Gujarat, (1998) 7 SCC 392; Kapila Hingorani v. State of Bihar, (2003) 6 SCC 1]. 

In  Suraj Narain v. State of Madhya Pradesh [AIR 1960 MP 303]. The Division Bench of the Madhya Pradesh High Court has held that to ask a man to work and then not to pay him any salary or wages savours of begar which is prohibited in Article 23 of the Constitution; that it was a fundamental right of every citizen of India not to be compelled to work without wages.

You should file a representation to the concerned authority along with the fact that there was no proceeding initiated or pending against you at the time when my salary has been stopped. Therefore, I am entitled to receive my salary because I have been discharging my duty continuously. 

If the concerned authority does not take any action on your representation within a month then you can move an OA before the CAT or High Court under Article 226 of the Constitution of India (as the case may be).

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Reinstatement after the acquittal in a criminal case

Question: I want to know whether reinstatement after the acquittal in a criminal case is possible. Some imported clothings was seized during the search operation. Those goods were kept in the godown operating under the control of the state government. After a few days...

Departmental inquiry can be initiated after FIR

Question: Departmental inquiry has been initiated against me after the recording of FIR. That FIR is false and frivolous because it is very much influenced by the political vendetta. Since I am a General Manager (Project) and have issued several contracts to the...

Order of dismissal without giving any reason

Question: I have been dismissed on the oral complaint but nowhere that complaint is mentioned in the dismissal order. That order of dismissal was passed without giving any reason. The departmental inquiry is initiated without recording formal complaint and information...

Reduction of age criteria in bank examination

Question: Sir, recently the State Bank of India released notification for clerical posts. Till now for the age criteria the reference month is April, but this time without prior notice they've changed it to August. This will make many candidates who are born prior to...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54