Dear Geetha,
Before taking any action, you must firstly decide whether he is a workman under ID Act, 1947. If he is a workman then even if you terminate him simpliciter, he will be protected by ID Act and he cannot be retrenched without following the procedure of last come first go. Then even layer before making any appointment on his post, you have to give him offer of appointment. Thus the only recourse will be to collate evidence against him and hold disciplinary proceedings and then terminate him. The charges should be very serious. Gone is the era of hire and fire. If he is not a workman then there is no problem. Go by the contract and terminate.
Thanks
Before taking any action, you must firstly decide whether he is a workman under ID Act, 1947. If he is a workman then even if you terminate him simpliciter, he will be protected by ID Act and he cannot be retrenched without following the procedure of last come first go. Then even layer before making any appointment on his post, you have to give him offer of appointment. Thus the only recourse will be to collate evidence against him and hold disciplinary proceedings and then terminate him. The charges should be very serious. Gone is the era of hire and fire. If he is not a workman then there is no problem. Go by the contract and terminate.
Thanks