Officer's Dismissal and Pending Charge Sheets
An officer had two charge sheets against him. Both offenses were unconnected.
Charge 1: He was dismissed from service after an inquiry.
Charge 2: He had submitted a reply, and further action was pending at the time of dismissal.
Now, the questions are:
1. Is the company right to dismiss him when another charge sheet was pending? When there is a charge sheet pending, no one can resign. Can the company dismiss when another charge sheet is pending? Are the rules different for employee and employer?
2. Does the company have any right to continue the inquiry at a later date (if he wins the case in court and gets reinstated)? There is no rule that allows the continuance of disciplinary action after dismissal. Rules specify that disciplinary cases can continue after retirement (which cannot be stopped). When the dismissal was optional (at the hands of the employer), having dismissed him, can the employer continue disciplinary action at a later date? Please quote any similar court cases if available.
From India, Salem
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2An officer had two charge sheets against him. Both offenses were unconnected.
Charge 1: He was dismissed from service after an inquiry.
Charge 2: He had submitted a reply, and further action was pending at the time of dismissal.
Now, the questions are:
1. Is the company right to dismiss him when another charge sheet was pending? When there is a charge sheet pending, no one can resign. Can the company dismiss when another charge sheet is pending? Are the rules different for employee and employer?
2. Does the company have any right to continue the inquiry at a later date (if he wins the case in court and gets reinstated)? There is no rule that allows the continuance of disciplinary action after dismissal. Rules specify that disciplinary cases can continue after retirement (which cannot be stopped). When the dismissal was optional (at the hands of the employer), having dismissed him, can the employer continue disciplinary action at a later date? Please quote any similar court cases if available.
From India, Salem
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Though dismissal and resignation are both unilateral terminations of employment, they are distinctly distinguished by their consequential differences. Dismissal vs. Resignation Dismissal is attached with stigma and a bar on future employment. It requires no approval or acceptance from the other party, the dismissed individual. Resignation has no stigma attached to it and is a simple act of expressing the employee's desire to disassociate themselves. However, it is subject to the approval of the employer as per the terms of the employment contract.
Employer's Right to Dismiss The employer can dismiss a delinquent employee for a specific proven charge of misconduct even when other charges are still pending. There is no use in pursuing the pending charges since all misconducts are considered merged with the extreme punishment of dismissal.
Reopening Disciplinary Processes When the orders of dismissal become effective and are subsequently set aside by a competent court, reopening the earlier pending disciplinary process at a later date after reinstatement may be perceived as victimization. Therefore, no prudent employer would likely continue with it.
Thank you.
From India, Salem
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Employer's Right to Dismiss The employer can dismiss a delinquent employee for a specific proven charge of misconduct even when other charges are still pending. There is no use in pursuing the pending charges since all misconducts are considered merged with the extreme punishment of dismissal.
Reopening Disciplinary Processes When the orders of dismissal become effective and are subsequently set aside by a competent court, reopening the earlier pending disciplinary process at a later date after reinstatement may be perceived as victimization. Therefore, no prudent employer would likely continue with it.
Thank you.
From India, Salem
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc