Hi,
Saswata Da,
What I mean to say, is like this ( for similar cases) but this will only be possible if Gaurav can gather circumstantial evidences:
1. We can file a writ petition.
2. we can clearly say the allegation against company & we will gather circumstantial evidences.
3. Circumstantial evidences will include photos of that party, along with witness if available, and invoices showing company has sponsored party along with alcoholic drinks.
4. After, consuming alcohol, Gaurav loses his control of senses. And misbehaved unintentionally. Even apologized, later when he got his senses back.
5. As per Gaurav's comment, no investigation taken place & termination happens immediately. Company may claim that is performance was poor or layoff, but question is then why he got terminated immediately post that incidence, is it just a co-incidence.
6. Here comes need of RTI, as based on writ, commissioner can get information about the reason of termination, we must know it once this information is possessed by commission as we must know company's stand first, to move further. Company may also opt not to provide information. But at least, we can say this may be important for someone's career, and information cant be considered under trade secret or any such things that may cost company to lose competitive advantage.
7. Saswata da, you know very well companies these days, don't prefer to mention clause that an employee can be terminated without providing the reason, anytime & no notice + no salary. Reason is no one will be interested to join. I spent some time in sourcing, so I know atleast some of their strategies. So I asked Gaurav before taking any action share all the clause mentioned in Appointment/offer letter. And to gather as mush evidence as he can.
8. Reason of legal fight should not be to challenge the decision, rather to remove 'termination on disciplinary ground'. I don't know in which designation he works, but for us, if someone is working in Mid management or Senior management, this kind of allegation cost a lot, if he/she is associated with finance/ cash department. If this termination was against, poor performance, layoff or business needs all these angles were not important. Even I would have suggested him, to take it sportingly & forget it.
9. Saswata da, even you know this fact that if company sponsor for parties, they don't claim it official party if intoxicating products are there. Reason is its very difficult to defend for them that ' when they know that in such parties discipline is mandatory, then why they sponsor intoxicating product after they knew this fact that people lose their senses after getting intoxicated. Even premises of party is also important, to understand the case.
Now, Saswata da, I would wait for your suggestion. You are one of the senior member, much different from any other common Hr, you have spent a lot of time (many years) in Labor laws & compliance audits. Welfare issue of a company is also effected.
This is just a one way. Would wait for you reply & suggestion.
Regards
Sovik B