650+ Lawyers are online 
Withholding salary of a state government employee
08-Dec-2023 (In Civil Law)
Can a higher state Govt.official withhold the salary of his subordinate government emloyee ( junior officer) on the basis of nonperformance/ ipoor work output....??
Dear Client,
Non performance/poor work cannot be a ground to withhold the salary of any employee by Senior State Government Official.
A reasond and speaking order must be communicated through show cause notice by the concerned Government Official before making any alteration to your service condions and as such you will be provided with a reasonable time to reply the show cause.
It is highly advised to file Writ Petition in your matter concerned and for how long was your salary due?
Regards,
Tushar Bahadur,
(Advocate).
Non performance/poor work cannot be a ground to withhold the salary of any employee by Senior State Government Official.
A reasond and speaking order must be communicated through show cause notice by the concerned Government Official before making any alteration to your service condions and as such you will be provided with a reasonable time to reply the show cause.
It is highly advised to file Writ Petition in your matter concerned and for how long was your salary due?
Regards,
Tushar Bahadur,
(Advocate).
Helpful?
36+
36+
Adv. Tushar Bahadur
Lucknow | 400+ Answers
CONTACT NOW
What is the law on salary holding?
What is salary withholding? Some employers withhold pay from employees due to poor performance. It is illegal, as workers are entitled to receive their wages for all the work and time they spend. As long as an employee reports to work, he is entitled to his compensation.
Can a salary of a govt employee be withheld?
A government employees salary cannot be held back unless he or she is absent from work or suspended. Even if the employee is suspended, a subsistence allowance must be paid.
Can salary be kept on hold?
The employer may put the salary on hold if the employee has consented in writing. The employer can also withhold the salary of a worker who does not follow the notice period stipulated in the employment contract.
What is withhold salary?
Withholding is when you pay a portion of your employees salary or other payments directly to the employer.
This cannot been done as this is blatantly arbitrary and illegal. You are advised to challenge this act of withholding of your salary by filing a writ petition in the High Court. Your case is even the more better if your salary is being withheld, without there being any order to the said effect.
Helpful?
36+
36+
Article 300A of India's Constitution defines salary as a "property". The salary of an employee cannot be held back except for compelling reasons.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
