Dear All,
I have a peculiar case at hand. One of our employees was exonerated in DE for misconduct involving righteous behavior. Subsequently, in the criminal case arising out of the FIR of the incident, the court held him guilty of the offenses under the IPC. However, his imprisonment was waived, and he was asked to pay a fine. The conviction stands, and only the penalty was waived. Can I terminate him for being found guilty of moral turpitude by the court? My standing order mentions that I can do so. How do I justify my findings in DE? Please advise along with supporting court cases.
Regards,
Amitabh
From India, Patna
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I have a peculiar case at hand. One of our employees was exonerated in DE for misconduct involving righteous behavior. Subsequently, in the criminal case arising out of the FIR of the incident, the court held him guilty of the offenses under the IPC. However, his imprisonment was waived, and he was asked to pay a fine. The conviction stands, and only the penalty was waived. Can I terminate him for being found guilty of moral turpitude by the court? My standing order mentions that I can do so. How do I justify my findings in DE? Please advise along with supporting court cases.
Regards,
Amitabh
From India, Patna
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Both the inquiry stands on different footings. DE is a Quasi-Judicial inquiry wherein the evidence is based on the preponderance of probability, whereas in Judicial inquiry, the guilt has to be proved beyond a reasonable doubt. In the departmental inquiry, the CSE has been found not guilty. However, in Judicial proceedings, he was convicted and was asked to pay a fine, and the imprisonment was waived.
In this case, the conviction is still valid, and he can be terminated as per the Standing Orders. Even if the Inquiry officer finds him not guilty of the misconduct, you can still disagree with the findings of the inquiry officer and proceed with the speaking orders to terminate him, provided there is a clause to that effect in the standing orders. However, you have to follow the due process of law before terminating him.
Jay Kumtekar
9967542262
From India, Mumbai
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3In this case, the conviction is still valid, and he can be terminated as per the Standing Orders. Even if the Inquiry officer finds him not guilty of the misconduct, you can still disagree with the findings of the inquiry officer and proceed with the speaking orders to terminate him, provided there is a clause to that effect in the standing orders. However, you have to follow the due process of law before terminating him.
Jay Kumtekar
9967542262
From India, Mumbai
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