Employee Arrested for Murder: Should We Suspend Him with Pay or Without?

One of our employees in Bihar surrendered himself to the state court for his wife's murder case. In light of this situation, should we issue a suspension letter to this employee? If so, would this suspension be paid or unpaid?

Kindly advise.

Whenever an employee is to be placed under suspension in contemplation of any disciplinary action, he should be paid subsistence allowance as per the Standing Orders or any Special Law relating to the payment of subsistence allowance. Before that, it is imperative to take a decision on his suspension in connection with any such alleged criminal act not related to his employment. Therefore, the following questions need to be answered:

Questions regarding employee suspension

If the employee had surrendered himself in the Court regarding the case of his wife's murder, he would have been sent for judicial custody. How did the employer come to know about this? Was there any intimation from the employee himself or the Police?

Provisions in Standing Orders or Service Regulations

Whether there is any specific provision in the Standing Orders or Service Regulations applicable to the employee requiring the employer to compulsorily place an employee under suspension immediately after his detention or arrest by the Police? Or does any discretion lie with the employer to do so or not in view of the nexus between the reason for custody and his employment?

Dear colleagues,

Pending the outcome of the court case against him, you can place him under suspension by paying subsistence allowance as per the provisions of the Model/certified Standing Orders or service rules as applicable. If he is acquitted, you can initiate disciplinary action independent of the court case.

Regards,
Vinayak Nagarkar
HR Consultant

You should check the Standing Orders to determine if there is any specific provision to address this matter.

1. Has the employee submitted any leave application or provided any information regarding their absence during this period? An employee may be suspended for being absent from duty for an extended period without prior notification.

2. Did the employee inform the management about their involvement? If not, the employee may be suspended on the basis of withholding material information.

Action Based on Standing Orders

In light of the facts posted, any action could be taken based on the provisions in the Standing Orders. The service rules governing government employees mandate that an employee be placed under (deemed) suspension for being in custody for more than 48 hours. Certainly, the employee needs to be paid a subsistence allowance. The suspension could be revoked once he has been released from custody. The period spent under suspension is to be regularized based on the court's decision regarding the alleged offense. The rules also mandate that the employee could be dismissed or removed from service if punished and the findings against him involve moral turpitude. There could be separate departmental proceedings if the alleged offense is related to his official duties.

Case of Unrelated Offense

However, in this case, the alleged offense is unrelated to his duties. As such, there is no scope for departmental action. It would also be against their own knowledge if the employer initiates proceedings for unauthorized absence. Hence, it would be prudent to decide the matter based on the moral turpitude expected of employees as per the company's policy and the provisions of the Standing Orders.

Dear All,

What steps need to be taken when the intimation of judicial custody comes from the police/court? Kindly revert.