Labour Law & Hr Consultant
PRABHAT RANJAN MOHANTY
Hr & Ir
Retired Government Servant/advocate
Insolvency N Gst Professional
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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.
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.