Dear All, Urgently need your suggestions. One of my friends 's company's management wants to remove the employee who is under suspension due to criminal FIR. Organization is paying allowance since more than six months. What is the legal way / process to discontinue his service? If possible pls share draft of letter.
Thanks.
From India, Navsari
Thanks.
From India, Navsari
In one of the Two scenario, an Employer's Order of Suspension is Valid:
1. Suspension-Pending-Internal Enquiry in cases, a Charge-Sheet/Show Cause Notice was served for Grave/Serious Acts of Misconduct as per the Service Rules or Certified Standing Orders applicable to that Concerned Employee; or
2. Suspension from Duty by way of Disciplinary Action/Punishment proportionate to the Proven Acts of Misconduct.
In the case quoted, before theSuspension Order was served on the Employee arisiing outof an FIR lodged, the Employer need to ascertain whether the Acts constituting "Offence" under IPC was related to relevant to an Act as pr the SR or CSO and thereby amounted to constituted any Act Unqorthy of Employment.
As per our settled Law, in our Nation, No Employed Person should be or can be Punished without First informing him/her of the Acts of Misconduct alleged and after adhering to Due Process of Law in such cases i.e Proper Impartial Enquiry as per the Principles of Natural Justice.
Any Disciplinary Action other than abovementioned shall be Arbitrary, mala-fide and hence Unlawful/Invalid.
Kritarth Team
18.5.2019
From India, Delhi
2001. Suspension-Pending-Internal Enquiry in cases, a Charge-Sheet/Show Cause Notice was served for Grave/Serious Acts of Misconduct as per the Service Rules or Certified Standing Orders applicable to that Concerned Employee; or
2. Suspension from Duty by way of Disciplinary Action/Punishment proportionate to the Proven Acts of Misconduct.
In the case quoted, before theSuspension Order was served on the Employee arisiing outof an FIR lodged, the Employer need to ascertain whether the Acts constituting "Offence" under IPC was related to relevant to an Act as pr the SR or CSO and thereby amounted to constituted any Act Unqorthy of Employment.
As per our settled Law, in our Nation, No Employed Person should be or can be Punished without First informing him/her of the Acts of Misconduct alleged and after adhering to Due Process of Law in such cases i.e Proper Impartial Enquiry as per the Principles of Natural Justice.
Any Disciplinary Action other than abovementioned shall be Arbitrary, mala-fide and hence Unlawful/Invalid.
Kritarth Team
18.5.2019
From India, Delhi