True it is that for Government or semi government organisation, the DOPT has issued instructions to place an employee charged with dowry death but in private organisations where if an employee is to be suspended and no rules of subsistence allowance are in force, whereby the full wages have to be paid during suspension, it is uncertain for how long an employee may remain in judicial custody, is the company ready to bear the burden of paying salary for uncertain period. Unfortunately, if few more employees accidently happen to be involved in criminal cases.
Then further observations of the Apex Court in BABU LAL case below, will further hit on economic health of the company without getting any work done.
BABU LAL versus STATE OF HARYANA & ORS
Supreme Court Cases
1991 SCC (2) 335 :JT 1991 (1) 211 1991 SCALE (1)39
"The order of suspension made by the respondent No. 2 is admittedly on the sole ground that criminal proceeding was pending against the appellant. The order of termination had been made illegally during the pendency of the order of suspension and also during the pendency of the criminal proceeding which ultimately ended with the acquittal of the appellant. It is the settled position in law that the appellant who was suspended on the ground of pendency of criminal proceeding against him, on being acquitted of the criminal charge is entitled to be reinstated in service."
These perspectives have to be borne in mind.
Thanks
Sushil
Then further observations of the Apex Court in BABU LAL case below, will further hit on economic health of the company without getting any work done.
BABU LAL versus STATE OF HARYANA & ORS
Supreme Court Cases
1991 SCC (2) 335 :JT 1991 (1) 211 1991 SCALE (1)39
"The order of suspension made by the respondent No. 2 is admittedly on the sole ground that criminal proceeding was pending against the appellant. The order of termination had been made illegally during the pendency of the order of suspension and also during the pendency of the criminal proceeding which ultimately ended with the acquittal of the appellant. It is the settled position in law that the appellant who was suspended on the ground of pendency of criminal proceeding against him, on being acquitted of the criminal charge is entitled to be reinstated in service."
These perspectives have to be borne in mind.
Thanks
Sushil