Legal Analyst, Hrm
Retired Government Servant/advocate
Private Consultant On Labour Laws
Retired H R Professional
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.
Member since August, 2011
6th October 2016 From India, Mumbai
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.
7th October 2016 From India, Delhi
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
13th October 2016 From India, Ahmadabad