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Hi All,
One of our employee has comitted gross breach of trust and before we could terminate him he has put down papers,is there any rule that we cannot terminate someone after he has put down his papers.
Kindly help me in this as I have to take a decision today itself.

Hi, You will get some clue from the below judgement of Supreme court. Chairman cum Managing Director, Coal India Ltd., Vs Mukul Kumar Choudhuri 2009(123)FLR 601. Regards, Krishnaraj P R 9840355204
Dear Krishnaraj, Could you please give a brief outline of the case and judgement? Also, can we look up cases on the Internet? Any particular site? Regards, Kavitha
Hi Arpita, You need to let us know the situation and the notice period the employee is serving.

As far as my knowledge and exp. you won’t be able to terminate him now as he himself resigned.

But yes, you can take action on the grounds of agreement if must have been signed on joining for breaching rules of the employment.


if he has put his resignation then let him go, terminating would definately play hinderence to his careeer.
Dear Arpita,
Termination of any employee is a question of the nature and severity of the gross negligence done by an employee.
There are no hard and fast rules and regulations to deal with such type of situations. The only guide is Principal of Natural Justice.
If the Gross negligence you are quoting are of sever nature and are prooved, you can terminate the concerned employee even if he has submitted his resignation.
Manoj Thakur

Dear Arpita,
You cannot terminate an employee who has already resigned. A resignation marks an end to the employment with the company. Accepting and relieving are processed post it, to close the employee records with the company.
Once the end has been marked, until, and, unless it is revoked or taken back by the employee, the employment stands terminated.
Hence, at the most you may relieve the employee before the due date. However, the misconduct, needs to be resolved. If an incident has been reported, it requires closing. Relieving the employee would require clearance from every area, including financial, legal and official responsibilities.
Please share the background to this case and allow us to brainstorm a solution.
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Dear Senior,
I think Termination is a tool to excercise employers right in case of sever gross negligence by an employee. This tool is used for setting examples for all employees. Hence in this contest I do not agree that an employee can not be terminated after his resignation.
Lets have a comparison on this ..
Commiting a severe crime and accepting the same and becoming ready silently for consequences or punishments does not necessarily mean that the Judiciatry will remain silent. Indeed the punisment will be confirmed in writing even if the criminal accepts. These things are done to set examples in broder perspectives and larger social or corporate interests.
Manoj Thakur

I have not gone through the complete judgment. But the point discussed in that case was, that the employee was long absent. He has submitted his resignation subsequently. the management has not accepted his resignation and charge sheeted for long absence and terminated.
the court has held that termination is wrong and resignation to be accepted and acted upon.
krishanraj p r

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