Dear Colleagues
We have one case of misconduct. The employee is a staff category and falls under the unionized category.
The misconduct is he has brought one bottle of foreign liquor by hiding behind his jacket while he went out during recess, and while returning after recess, the bottle got cracked after falling down at the access control area in front of the security guard. He tried to push the broken bottle aside and tried to escape. The security guard called him and sent him to the Security officer's cabin. (Gujarat being a prohibited state, carrying or consuming liquor is an offense). The time was 19.00 hours and he was in his 3rd shift. The security officer took his statement, wherein he had stated that during recess when he went out to buy some peanuts, somebody put this liquor bottle inside his jacket and he was not aware of it.
As proof, we have the statement of the security guard and supervisor, and also video clipping of CCTV cameras wherein it is very clear that the employee was trying to take out the bottle from the backside of his jacket and at that time fell down, and then he was trying to push with his leg and escape.
Security supervisors carried out the breath analyzer test and he tested negative, zero alcohol. He was sent home, and we have suspended him pending a domestic inquiry.
Now we need to take a final decision after confuting the domestic inquiry:
1. Shall we go for capital punishment by dismissing him after conducting domestic inquiry by giving him a fair opportunity to defend his case.
or
2. Suspend him for 4 days and give him a chance.
If we dismiss him from the services, will it be tenable in the labour court in case if this case goes to the court.
Sharing this incident as a part of knowledge sharing and seeking valuable inputs from the experts.
We have one case of misconduct. The employee is a staff category and falls under the unionized category.
The misconduct is he has brought one bottle of foreign liquor by hiding behind his jacket while he went out during recess, and while returning after recess, the bottle got cracked after falling down at the access control area in front of the security guard. He tried to push the broken bottle aside and tried to escape. The security guard called him and sent him to the Security officer's cabin. (Gujarat being a prohibited state, carrying or consuming liquor is an offense). The time was 19.00 hours and he was in his 3rd shift. The security officer took his statement, wherein he had stated that during recess when he went out to buy some peanuts, somebody put this liquor bottle inside his jacket and he was not aware of it.
As proof, we have the statement of the security guard and supervisor, and also video clipping of CCTV cameras wherein it is very clear that the employee was trying to take out the bottle from the backside of his jacket and at that time fell down, and then he was trying to push with his leg and escape.
Security supervisors carried out the breath analyzer test and he tested negative, zero alcohol. He was sent home, and we have suspended him pending a domestic inquiry.
Now we need to take a final decision after confuting the domestic inquiry:
1. Shall we go for capital punishment by dismissing him after conducting domestic inquiry by giving him a fair opportunity to defend his case.
or
2. Suspend him for 4 days and give him a chance.
If we dismiss him from the services, will it be tenable in the labour court in case if this case goes to the court.
Sharing this incident as a part of knowledge sharing and seeking valuable inputs from the experts.