Hi all,
One of the employees in the organization has been suspended as he was in police custody for more than 48 hours related to a case of molestation outside the campus. What is the process of termination in such a case? Please guide.
From India, Yavatmal
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One of the employees in the organization has been suspended as he was in police custody for more than 48 hours related to a case of molestation outside the campus. What is the process of termination in such a case? Please guide.
From India, Yavatmal
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Please go through te standing orders or service rules of your company and see whether they provide for termination of of a suspended employee involved in a criminal case. B.Saikumar
From India, Mumbai
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1979From India, Mumbai
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My dear anonymous friend,
Since you have suspended the individual as he has remained in police custody for more than 48 hours on a charge of molestation. Though an employer has the inherent right to terminate the services of an individual after initiating disciplinary action and holding an inquiry complying with the principles of natural justice. I am of the opinion that an inquiry will not bring the truth as the victim is an outsider; she may or may not cooperate with the company in the inquiry. The best option looks to me is that you wait for the police action to file the complaint in court. Once the case is filed in court, you are free to take action to terminate him from the service.
BS Kalsi
Member since August 2011
From India, Mumbai
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Since you have suspended the individual as he has remained in police custody for more than 48 hours on a charge of molestation. Though an employer has the inherent right to terminate the services of an individual after initiating disciplinary action and holding an inquiry complying with the principles of natural justice. I am of the opinion that an inquiry will not bring the truth as the victim is an outsider; she may or may not cooperate with the company in the inquiry. The best option looks to me is that you wait for the police action to file the complaint in court. Once the case is filed in court, you are free to take action to terminate him from the service.
BS Kalsi
Member since August 2011
From India, Mumbai
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A suspended employee on mere police custody based on an unproved allegation cannot be treated as a criminal. However, if in Government service or in service with any PSU, they cannot be removed from service by termination or otherwise until the court's verdict in the case. In the case of service in a private company, termination can only be carried out according to the provisions outlined in the CSO.
From India, Delhi
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From India, Delhi
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Please read the C S O or M S O . Was the arrest before Suspension or after? If SUSPENSION is pending Enquiry have you issued chargesheet
From India, Chennai
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From India, Chennai
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Conduct a domestic inquiry and award appropriate punishment, i.e., dismissal. You must explore finding an independent Enquiry Officer to conduct the inquiry for you. Based on the findings of the inquiry, proceed with the punishment.
From India, Mumbai
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From India, Mumbai
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'Conduct a domestic enquiry & award appropriate punishment, i.e dismissal.' Punishment is to decided only after the Enquiry depending upon the FINDINGS; else, the the Enquiry is no Enquiry at all!
From India, Kochi
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From India, Kochi
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Dear Corporate Culture & P Venu,
Please advise on how to conduct a domestic enquiry when the incident has occurred outside the premises of the company/factory. It is a sincere request to the members not to misguide individuals seeking advice.
Regarding the query, Mr. Dhingra, BS Kalsi, and Saikumar have aptly responded.
Thank you.
From India, Ahmadabad
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Please advise on how to conduct a domestic enquiry when the incident has occurred outside the premises of the company/factory. It is a sincere request to the members not to misguide individuals seeking advice.
Regarding the query, Mr. Dhingra, BS Kalsi, and Saikumar have aptly responded.
Thank you.
From India, Ahmadabad
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