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If a firm receives information that one of its employees has been criminally charged (dowry harassment in particular and related charges) and that the employee is on bail, what is the legally appropriate approach for the firm? Can the employee be terminated from his/her employment due to pending litigation?
Please let me know if anyone has dealt with the above mentioned or similar situation.
Thanks.

SSV_hr has written a lot but not in reply to what has been asked by anxioustolearn. ssv should have posted in a separate thread in some other forum like Training and Development or Consultant Listing.

Now let me come to the point. If an employee is charge sheeted for a criminal offence you can take disciplinary action against that employee. If you have Standing Orders for your establishment, the procedure will be there itself. If not, the general practice is to suspend the employee till the verdict comes. It will not be improper to dismiss him from service after he has been declared as committed the offence by the court, even without holding an enquiry. In Tata Power Co Ltd Vs K T Mane and Others (2010 LLR 88 HC-Bom) it has been held that dismissal without holding a domestic enquiry by the company, of an employee convicted for an offence of moral turpitude under Indian Penal Code, is justifiable. However, till the court verdict comes, it would be proper if you place him under suspension.

Regards,

Madhu.T.K

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