Umakanthan53
Labour Law & Hr Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional

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The Supreme Court has reiterated that disciplinary action against an employee for conviction in a criminal case is not barred due to the suspension of sentence

This judgment lays down also the principle that the doctrine of double jeopardy does not apply to the dismissal of on employee by the employer consequent on conviction on a criminal charge against which the employee was already punished by the employer.
To my knowledge, the Supreme Court has only reiterated the settled legal position. It is important is that the Apex Court has only held that the employer is 'not barred" in taking disciplinary action against an employee who has been convicted in a criminal case but the sentence has been suspended (but not the conviction). It is not every such convictions entails disciplinary action. The settled legal position is that this aspect is to be decided based on moral turpitude inherent in the offence which has led to the conviction.
May please go through my article " The Position of law relating to acquittal in a criminal case, its effect on Departmental proceeding" published in 2018 (156) FLR Journal Section Page 31. This will I hope will clear the issue.
Thanks


Attached Files
File Type: pdf Acquital in criminal case.pdf (450.7 KB, 21 views)

The disciplinary action Against employee is justified for his misconduct in the establishment where he employed but should not be for the conduct elsewhere. The employer can also take Disciplinary Action Against Employee For involvement in misconduct may be of Criminal Case nature does not require to wait till pronouncement of order, if failed in departmental inquiry.
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