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jainashish1
Dear Seniors
Emergency leave LOP was granted to one
Of our employee however through some reliable sourses we found that she had lied
To grant the leave. In this scenario pls clarify
weather lie may qualify the misconduct and amount to termination?
Regds
ASHISH

From India, Jaipur
Dinesh Divekar
7855

Dear Ashish,
In legal parlance, "lie" is called as "misrepresentation of facts". If some employee has misrepresented the facts and if you have concrete evidence, then you may investigate the matter by ordering domestic enquiry. If the misconduct is proved then you may take the suitable disciplinary action.
Thanks,
Dinesh Divekar

From India, Bangalore
riteshmaity
243

As already suggested, if you have documentary evidence, you can issue charge sheet, initiate a domestic enquiry proceeding and take appropriate measure.
Make sure that the punishment is proportionate to the gravity of the misconduct.

From India, Kolkata
pasupathieswaran
10

Please check the clause in your Certified Standing Orders. It is not necessary that all Show Cause or Charge sheet turns into an ENQUIRY. If the employee in his reply unambiguously accepts the charges in total, pleads guilty and prays for forgiving where is the question of Conducting ENQUIRY. It is a farse . Conducting Domestic Enquiry , again is process followed to arrive at a decision on the truthfulness of the charges and in that process Delinquent is give opportunities to defend himself and the principles of natural justice is followed.
From India, Chennai
pasupathieswaran
10

For the benefit of members attached please find the ppt prepared by me
From India, Chennai
Attached Files (Download Requires Membership)
File Type: ppt Disciplinary.ppt (711.0 KB, 174 views)

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