An officer had 2 charge sheet on him. Both offences were un-connected.
Charge 1 : He was dismissed from service after enquiry
Charge 2 : He had submitted the reply. Further action was pending at the time of dismissal.
Now, the questions are
1.Is the company right to dismiss him when another charge sheet was pending?
When there is charge sheet pending, no one can resign. Can the company dismiss when another charge sheet is pending? Are the rules different for employee and employer?
2.Does the company have any right to continue the enquiry at a later date (if he wins the case in court and gets reinstated)?
There is no rule which allows continuance of disciplinary action after dismissal. Rules specify disciplinary cases can continue after retirement (which can not be stopped). When the dismissal was optional (at the hands of the employer), having dismissed him, can the employer continue disciplinary action at a later date?
Pl. quote any similar court cases, if available.
Charge 1 : He was dismissed from service after enquiry
Charge 2 : He had submitted the reply. Further action was pending at the time of dismissal.
Now, the questions are
1.Is the company right to dismiss him when another charge sheet was pending?
When there is charge sheet pending, no one can resign. Can the company dismiss when another charge sheet is pending? Are the rules different for employee and employer?
2.Does the company have any right to continue the enquiry at a later date (if he wins the case in court and gets reinstated)?
There is no rule which allows continuance of disciplinary action after dismissal. Rules specify disciplinary cases can continue after retirement (which can not be stopped). When the dismissal was optional (at the hands of the employer), having dismissed him, can the employer continue disciplinary action at a later date?
Pl. quote any similar court cases, if available.