The Supreme Court has reiterated that disciplinary action against an employee for conviction in a criminal case is not barred due to the suspension of the sentence.
URL: [https://www.livelaw.in/top-stories/disciplinary-action-against-employee-for-conviction-in-criminal-case-not-barred-due-to-suspension-of-sentence-sc-153303](https://www.livelaw.in/top-stories/disciplinary-action-against-employee-for-conviction-in-criminal-case-not-barred-due-to-suspension-of-sentence-sc-153303)
From India, Pune
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3180URL: [https://www.livelaw.in/top-stories/disciplinary-action-against-employee-for-conviction-in-criminal-case-not-barred-due-to-suspension-of-sentence-sc-153303](https://www.livelaw.in/top-stories/disciplinary-action-against-employee-for-conviction-in-criminal-case-not-barred-due-to-suspension-of-sentence-sc-153303)
From India, Pune
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This judgment also lays down the principle that the doctrine of double jeopardy does not apply to the dismissal of an employee by the employer consequent on a conviction on a criminal charge against which the employee was already punished by the employer.
From India, Salem
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From India, Salem
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To my knowledge, the Supreme Court has only reiterated the settled legal position. It is important that the Apex Court has only held that the employer is 'not barred' in taking disciplinary action against an employee who has been convicted in a criminal case but the sentence has been suspended (but not the conviction). It is not every such conviction that entails disciplinary action. The settled legal position is that this aspect is to be decided based on the moral turpitude inherent in the offense which has led to the conviction.
From India, Kochi
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From India, Kochi
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Please review my article "The Position of Law Relating to Acquittal in a Criminal Case, Its Effect on Departmental Proceedings" published in the 2018 (156) FLR Journal Section on Page 31. I hope this will clarify the issue.
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From India, undefined
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From India, undefined
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The disciplinary action against the employee is justified for his misconduct in the establishment where he is employed but should not extend to conduct elsewhere. The employer can also take disciplinary action against the employee for involvement in misconduct that may be of a criminal nature, without needing to wait for the pronouncement of an order if the employee fails in the departmental inquiry.
From India, Mumbai
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From India, Mumbai
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc