Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
9871103011
Private Consultant On Labour Laws
Pasupathieswaran
Retired H R Professional
+2 Others

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Hi all
One of the employee in organization have been suspended as he was in police custody for more than 48 hours related to case of molestation out of the campus. what is the process of termination in such case. Please guide.

Please go through te standing orders or service rules of your company and see whether they provide for termination of of a suspended employee involved in a criminal case. B.Saikumar
My dear anonymous friend,
Since you have suspended the individual as he has remained in the police custody for more than 48 hours on charge of molestation. Though an employer has inherit right to terminate the services of an individual after initiating disciplinary action and holding an enquiry complying with principal of natural justifice. I am of the opinion that an enquiry will not bring the truth as the victim is an outsider, she may or may not co-operate with the company in the enquiry. The best option looks to me is that you wait for the police action to file the complaint in the court. Once the case is filed in the court, you are free to take action to terminate him from the service.
BS Kalsi
Member since August, 2011

A suspended employee on mere police custody on the basis of an unproved allegation cannot be treated as a criminal.
However, if in Government service or in service with any PSU, he cannot be removed from service by termination or otherwise till the verdict of the court in the case. But if in private company service, his termination can be made only according to the provisions made in the CSO.

Please read the C S O or M S O . Was the arrest before Suspension or after? If SUSPENSION is pending Enquiry have you issued chargesheet
Conduct a domestic enquiry & award appropriate punishment, i.e dismissal.
You must explore for an independent Enquiry Officer to conduct the enquiry for you. Based on his findings of the enquiry proceed ahead with punishment.

'Conduct a domestic enquiry & award appropriate punishment, i.e dismissal.' Punishment is to decided only after the Enquiry depending upon the FINDINGS; else, the the Enquiry is no Enquiry at all!
Dear Corporate Culture & P Venu
Please advise how a domestic enquiry can be conducted when the incident has happened outside the premises of the company/factory. It would be an earnest request to the members not to misguide people, who seek advice
With regards to the query Mr. Dhingra, BS Kalsi, Saikumar has aptly replied

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