whether u have issued appointment letter or not, it is evident he has been working for th past 5 years
2. The model standing orders are applicable
3, follow the procedure laid down there that is
issue him a notice giving the details of the misconduct, wait for his reply, if no reply comes with in 15 days or if the reply is not satisfactory(which is natural) conduct a domestic enquiry.
In the maen time u can suspend him, pending enquiry. No dubt he has to be paid 50 of the wages, but it is still worth, see that the domestic enquiry is finished as quickly as possible and terminate his services
nagaraj
