An officer had 2 charge sheet on him. Both offences were un-connected.
Charge 1 : He was dismissed from service after enquiry
Charge 2 : He had submitted the reply. 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 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 enquiry at a later date (if he wins the case in court and gets reinstated)?
There is no rule which allows continuance of disciplinary action after dismissal. Rules specify disciplinary cases can continue after retirement (which can not 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?
Pl. quote any similar court cases, if available.
From India, Salem
2Charge 1 : He was dismissed from service after enquiry
Charge 2 : He had submitted the reply. 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 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 enquiry at a later date (if he wins the case in court and gets reinstated)?
There is no rule which allows continuance of disciplinary action after dismissal. Rules specify disciplinary cases can continue after retirement (which can not 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?
Pl. quote any similar court cases, if available.
From India, Salem
Dear Sas,
Though Dismissal and Resignation are both unilateral terminations of employment, they are distinctly distinguished by their consequential differences. Dismissal is attached with stigma and a bar on future employment. It requires no approval or acceptance from the other viz., the dismissed. Resignation has no stigma attached to it and it is a simple act of expression of the desire of the employee to disassociate himself but it is subject to the approval of the employer as per the terms of the contract of employment.
(1) The employer can dismiss a delinquent employee on particular proven charge of misconduct when some other charges are still pending. But, no use in perusing the pending charges for the logical reason that all misconducts stand merged with the extreme punishment of dismissal.
(2) When the orders of dismissal once become effective and the same is set aside by a competent court, the reopening of the earlier pending DP at a later date after reinstatement may sound victimisation and as such no prudent employer would venture to continue it.
From India, Salem
Though Dismissal and Resignation are both unilateral terminations of employment, they are distinctly distinguished by their consequential differences. Dismissal is attached with stigma and a bar on future employment. It requires no approval or acceptance from the other viz., the dismissed. Resignation has no stigma attached to it and it is a simple act of expression of the desire of the employee to disassociate himself but it is subject to the approval of the employer as per the terms of the contract of employment.
(1) The employer can dismiss a delinquent employee on particular proven charge of misconduct when some other charges are still pending. But, no use in perusing the pending charges for the logical reason that all misconducts stand merged with the extreme punishment of dismissal.
(2) When the orders of dismissal once become effective and the same is set aside by a competent court, the reopening of the earlier pending DP at a later date after reinstatement may sound victimisation and as such no prudent employer would venture to continue it.
From India, Salem
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc