Employee Arrested for Molestation: What Are the Steps for Termination?

Hi all,

One of the employees in the organization has been suspended as he was in police custody for more than 48 hours related to a case of molestation outside the campus. What is the process of termination in such a case? Please guide.

Please go through the standing orders or service rules of your company and see whether they provide for the termination of a suspended employee involved in a criminal case.

B. Saikumar

Since you have suspended the individual as he has remained in police custody for more than 48 hours on a charge of molestation, an employer has the inherent right to terminate the services of an individual after initiating disciplinary action and holding an inquiry complying with the principles of natural justice. However, I am of the opinion that an inquiry will not bring the truth, as the victim is an outsider; she may or may not cooperate with the company in the inquiry. The best option, in my view, is to wait for the police to file the complaint in court. Once the case is filed in court, you are free to take action to terminate him from the service.

Regards, BS Kalsi

A suspended employee on mere police custody based on an unproved allegation cannot be treated as a criminal. However, if in Government service or in service with any PSU, they cannot be removed from service by termination or otherwise until the court's verdict in the case. In the case of service in a private company, termination can only be carried out according to the provisions outlined in the CSO.

Please read the CSO or MSO. Was the arrest before suspension or after? If suspension is pending enquiry, have you issued a charge sheet.

Conduct a domestic inquiry and award appropriate punishment, i.e., dismissal. You must explore finding an independent Enquiry Officer to conduct the inquiry for you. Based on the findings of the inquiry, proceed with the punishment.

'Conduct a domestic inquiry and award appropriate punishment, i.e., dismissal. Punishment is to be decided only after the inquiry depending upon the findings; else, the inquiry is no inquiry at all!'

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I have corrected the spelling, grammar, and punctuation errors in the text provided. I have also ensured proper paragraph formatting with a single line break between paragraphs.

Dear Corporate Culture & P Venu,

Please advise on how to conduct a domestic enquiry when the incident has occurred outside the premises of the company/factory. It is a sincere request to the members not to misguide individuals seeking advice.

Regarding the query, Mr. Dhingra, BS Kalsi, and Saikumar have aptly responded.

Thank you.