Important OM Under CCS Rules
Sharing an important OM under CCS rules. Questions in this regard are as follows:
1) Are matters personal in nature, while in sub judice in any court, capable of being taken into cognizance by the employer for suo moto initiation of disciplinary action?
2) How will the employer come to know that any court case is pending against any employee of the organization when the court has not made the organization a party to it?
3) Does it apply also to employees in the CPSUs in case they are directed by concerned ministries?
4) Can the District Scrutiny Committee inquiring into the caste verification status of an employee be treated as an investigating agency under this OM?
5) Can there be an instance where the alleged act of crime/default/misconduct, etc. (whatever the name we call it) by an employee outside the purview of the employer is not included as misconduct under the certified standing orders? If yes, and the employee is convicted or held under judicial custody, or the matter is pending in any court, what is the remedy for the same?
Thank you.
From India, Pune
Acknowledge(0)
Amend(0)
2Sharing an important OM under CCS rules. Questions in this regard are as follows:
1) Are matters personal in nature, while in sub judice in any court, capable of being taken into cognizance by the employer for suo moto initiation of disciplinary action?
2) How will the employer come to know that any court case is pending against any employee of the organization when the court has not made the organization a party to it?
3) Does it apply also to employees in the CPSUs in case they are directed by concerned ministries?
4) Can the District Scrutiny Committee inquiring into the caste verification status of an employee be treated as an investigating agency under this OM?
5) Can there be an instance where the alleged act of crime/default/misconduct, etc. (whatever the name we call it) by an employee outside the purview of the employer is not included as misconduct under the certified standing orders? If yes, and the employee is convicted or held under judicial custody, or the matter is pending in any court, what is the remedy for the same?
Thank you.
From India, Pune
Acknowledge(0)Amend(0)
In response to your queries:
1) Matters personal in nature that are sub judice in any court may be considered by the employer for initiating disciplinary action, even suo moto, depending on the circumstances and the organization's policies. It is essential to review the relevant labor laws and company policies to ensure compliance and fairness throughout the process.
2) Employers can become aware of court cases involving employees through various means, such as voluntary disclosure by the employee, background checks, or monitoring legal databases. While the organization may not be a party to the case, it can still gather information to assess any potential impact on the employment relationship.
3) The applicability of the OM to employees in CPSUs directed by concerned ministries would depend on the specific provisions outlined in the relevant rules and regulations governing CPSUs. It is advisable to consult with legal experts familiar with the CPSU framework for accurate guidance.
4) Whether the District Scrutiny Committee can be considered an investigating agency under the OM would require a detailed examination of its mandate, authority, and processes in the context of the OM's requirements. Clarification from legal counsel or relevant authorities may be necessary to determine its status.
5) If an employee's actions outside the employer's purview are not explicitly defined as misconduct under certified standing orders, and legal proceedings ensue resulting in conviction or judicial custody, the organization should carefully assess the situation. Remedial actions could include reviewing and updating policies to address such scenarios, seeking legal advice, and ensuring procedural fairness in any subsequent disciplinary actions.
For specific cases, it is recommended to seek legal counsel to navigate the complexities of legal proceedings and disciplinary actions effectively.
From India, Gurugram
Acknowledge(0)Amend(0)
1) Matters personal in nature that are sub judice in any court may be considered by the employer for initiating disciplinary action, even suo moto, depending on the circumstances and the organization's policies. It is essential to review the relevant labor laws and company policies to ensure compliance and fairness throughout the process.
2) Employers can become aware of court cases involving employees through various means, such as voluntary disclosure by the employee, background checks, or monitoring legal databases. While the organization may not be a party to the case, it can still gather information to assess any potential impact on the employment relationship.
3) The applicability of the OM to employees in CPSUs directed by concerned ministries would depend on the specific provisions outlined in the relevant rules and regulations governing CPSUs. It is advisable to consult with legal experts familiar with the CPSU framework for accurate guidance.
4) Whether the District Scrutiny Committee can be considered an investigating agency under the OM would require a detailed examination of its mandate, authority, and processes in the context of the OM's requirements. Clarification from legal counsel or relevant authorities may be necessary to determine its status.
5) If an employee's actions outside the employer's purview are not explicitly defined as misconduct under certified standing orders, and legal proceedings ensue resulting in conviction or judicial custody, the organization should carefully assess the situation. Remedial actions could include reviewing and updating policies to address such scenarios, seeking legal advice, and ensuring procedural fairness in any subsequent disciplinary actions.
For specific cases, it is recommended to seek legal counsel to navigate the complexities of legal proceedings and disciplinary actions effectively.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employee Relations, Discipline and Policy.doc
Gujarat High Court on part-time employee 23.11.2007.pdf