IF the employee had surrendered himself in the Court regarding the case of his wife's murder, he would have been sent for judicial custody. How the employer came to know about this? Any intimation from the employee himself or the Police?
Whether there is any specific provision in the Standing Orders or Service Regulations applicable to the employee requiring the employer to compulsorily place an employee under suspension immediately after his detention or arrest by the Police? Or whether any discretion is vested with the employer to do so or not in view of the nexus between the reason for custody and his employment?
20th March 2019 From India, Salem
A Viable course of action isto initiate Disciplinary Action-Steps in line with the Codified Service Rules or the Certified Standing Orders, as the case may be, applicable to the concerned Employee for the 'Misconduct" of Unauthorized Absense from Duty which will mean & include the following:--
1. Draft a Show-Cause Notice / Charge-Sheet for Unauthorized Absence from Duty w.e.f ....;
2. Send the said S-C Notice /Charge-sheet, (2 signed Sets in a Sealed Envelope each) duly signed
by the Employer/ the Punishing Authority addressed to the said Employee, at his/Her Local
Postal Address as well as Home Postal Address by Regd Post AD, a) informing him/her of the
the Acts of Misconduct which is punishable as per the SC or CSO, asking him/her to submit
his/her Written Explanantion, within a reasonable time period defending the acts of
Misconduct alleged; and
3. One Signed Copy of the S-C Notice/Charge-sheet to be put up / pasted on the Notice Board of
the Establishment; and
4. On receipt of Written Explanation, if any, consider the same and if found "Unsatisfactory",
proceed with appointing an Inquiry Officer to enquire into the alleged Acts of Misconduct in
accordance with the Principles of Natural Justice and the Procedures laid down for such
Domestic/Internal Inquiry, after issuing Inquiry Notices; and
5. In the event, the Charge-sheeted Employees ffailsto attend /participate in the scheduled Inquiry
Proceedings, even after giving 2-3 opportunities to do so, the Inquiry Officer may proceed " ex
parte" with ongoing Inquiry, admit all Evidence supporting the Acts of Misconduct and
thereafter on conclusion of Inquiry Proceedings;
6. The Inquiry Officer must submit Inquiry Report with definite and conclusive Findings to the
Employer/the Appointing Authority, And, Concurrently "Issue" to the Charge-sheeted
Employee, the Inquiry Report with definite and conclusive Findings, for him/her to submit
his/her "Representation" if any, against the Inquiry Findings; and
7. In case, No Representation is submitted or recieved. the Employer/Punishing Authority
thereafter may proceed with Discilinary Action (Proposed Punishment Letter and issue
Punishment as the case may be ( i.e No Representation recieved/ No Communication,
Harsh K Sharan,
20th March 2019 From India, Delhi
Pending the outcome of the court case against him, you can place him under suspension by paying subsistence allowance as per the provisions of the Model/certified Standing Orders or service rules as applicable.
If he is acquitted, you can initiate disciplinary action indepenent of court case.
21st March 2019 From India, Mumbai
1. Whether the employee made any application or send any information for his leave during the period? Employee can be put under suspension for long absent from duty without intimation.
2. Whether employee informed his involvement to management? If no, on the ground of suppression of material information can be put under suspension.
22nd March 2019 From India, Mumbai
The service rules governing Government employees mandate the employee being placed under (deemed) suspension for being in custody for a period of more than 48 hours. Certainly, the employee needs to be paid substance allowance. The suspension could be revoked, one he has been released from custody. The period spent under suspension is to be regularised, based on the decision of the court as to the offence alleged. The rules also mandate that the employee could be dismissed/removed from service if the employee has been punished and the findings against him involve moral turpitude. There could be separate departmental proceedings if the offence alleged is in relation to his official duties.
However, in the instant case, offence alleged is unrelated to his duties. as such, there is no scope departmental action. So also, it would be against their own knowledge if the employer initiate proceedings for unauthorized absence.
Hence, it would be in the fitness of things if the matter is decided on the basis of moral turpitude expected of the employees as per the company's policy and the provisions of the Standing Orders.
25th March 2019 From India, Kochi