Dear Sir, If an employee misappropriated company’s funds and indulged into fradulent activities, then the company filed FIR, after all this, is he eligible for gratuity??
From India, Delhi
From India, Delhi
YES., This is because even if he found guilty under Criminal act/ Civil Act, it doesnot means that he is guilty under Employment/service conditions act.
Hence, suspend him immediately and issue him charge sheet. Conduct departmental enquiry/Domestic enquiry based on porinciple of natural justice and then if the charges of mis appropriation are proved, Dismiss him from service. Once he is dismissed as per Employment Condition Act ( that is under Industrial Employment standing orders act or as per your conditions service rules), his gratuity can then be forfeited.
From India, Nagpur
15Hence, suspend him immediately and issue him charge sheet. Conduct departmental enquiry/Domestic enquiry based on porinciple of natural justice and then if the charges of mis appropriation are proved, Dismiss him from service. Once he is dismissed as per Employment Condition Act ( that is under Industrial Employment standing orders act or as per your conditions service rules), his gratuity can then be forfeited.
From India, Nagpur
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