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Dear All,
I have a peculiar case in hand. One of our employees was exonarated in DE for misconduct involving rightous behavior. Subsequently on the Criminal Case arising out of FIR of the incident Court held him guilty of the offences under IPC. However his imprisionment was waived and he was asked to pay fine. But the conviction stands, and only the penalty was waived. Can I terminate him for having found guilty of moral turpitude by Court. My Standing order mentions that I can do so. How do I justify my findings in DE. Please advise along with supporting court cases.

From India, Patna
Both the inquriy stands of different footings. DE is a Quasi Judical inquiry wherein the evidence is based on preponderance of probability. Wherein in Judicial inquiry the guilt has to be proved beyond reasonable doubt. In the department inquiry the CSE has been found not guilty. Whereas in Judicial proceedings he was convicted and was asked to pay fine and the imprisonment was waived.
In this case the conviction is still alive and he can be terminated as per the Standing Orders. Even the Inquiry officer founds him non guilty of the misconduct, you can still differ with the findings with the inquiry officer and go ahead with the speaking orders and terminate him provided there is a clause to that effect in the standing orders.
However, you have to follow the due process of law and then terminate him.
Jay kumtekar

From India, Mumbai
Thanks Jay for providng me clarity on this. The logic seems to come out clearly. However it will be a great help if you can quote some relevant court cases to support this point of view.
From India, Patna
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