Dear Ambrish,
You have asked a very general question. Some data/information is missing. However, based on the information given by you, I will try to give a broad guidelines which are to considered before proceeding for termination.
1. Whether the employee is a permanent employee or a casual/badli/apprentice/trainee/contractual employee. Based on this, you will have to assess the service conditions on which he was offered employment. Whether your establishment has its own Certified Standing Orders or it is following the Model Standing Orders which guide the services of the employee concerned.
2. No employee should be terminated without giving him ample opportunity to defend himself and prove not guilty, i.e. issued chargesheet mentioning therein the misconduct(s), clause under which charges come under the category of misconduct, ask for explanation, constitute Inquiry if reply not found satisfactory, Appoint Inquiry Officer(IO) & Presenting Officer/Mgr. Reptv., allow the charged workman to take assistance of a co-worker, if he so desires to defend himself, wait for findings of IO. If you fail to adhere to these formalities in its right spirit, it is just likely that you will loose a case when brought before a Competent Court / Labour Enforcement Machinery, which will give a bad name to you as a HR Manager and also your organization/establishment.
3. After observing the disciplinary procedures, and inquiry report in which the IO has found and proved the charged employee guilty of the charges, obtain specific orders from Disciplinary Authority/ Competent Authority for removal of employee from service.
If this procedure is followed, any employee who has committed a misconduct which warrants for removal from service, you can go ahead. But this should be the last resort, other deterrent punishments can be resorted to like demotion to a lower grade, stoppage of one to three annual increments with or without cumulative effect, so on and so forth as per provisions in the Standing Orders applicable.
Termination will not only punish the employee but also his family. So think twice/thrice before going for it.
AK Jain
HR Personnel, NCL