S C Behera (Service) 02 October 2016
Isaac Gabriel (Advocate) 02 October 2016
In case of acqittal, u can get ur job back with salary arrears.
Isaac Gabriel (Advocate) 02 October 2016
In case of acqittal, u can get ur job with attendant benefits
Sudhir Kumar, Advocate (Advocate) 03 October 2016
Sudhir Kumar, Advocate (Advocate) 03 October 2016
Sudhir Kumar, Advocate (Advocate) 03 October 2016
Sudhir Kumar, Advocate (Advocate) 03 October 2016
Sudhir Kumar, Advocate (Advocate) 03 October 2016
G.L.N. Prasad (Retired employee.) 03 October 2016
Though the charges are not fully established due to circumstances and laxities, still an employer can give three months notice and can dispense the services in rarest of the rare cases.
The question of reinstatement is a very rare possibility as employer fights till the end and wants to save his prestige first, to set an example second, and to save costs as third point.
It is too immature to arrive at conclusions before CBI inquiry report.
Isaac Gabriel (Advocate) 03 October 2016
Dear nSudhirji, Please refer the judgement and post
Sudhir Kumar, Advocate (Advocate) 03 October 2016
| Originally posted by : Isaac Gabriel | ||
 |
Dear nSudhirji, Please refer the judgement and post |  |
I hope the judgement is not appealed.
The standards of eivdenc ein criminal case are strict [100% proof ] and benefit of doubt always goes to the accused.
in depttl proceedings it is preponderance of probability which is standard of evidence.
Fruther both actions are under seperate statutory provision which are not releated to each other.
Sudhir Kumar, Advocate (Advocate) 03 October 2016
| Originally posted by : G.L.N. Prasad | ||
|
Though the charges are not fully established due to circumstances and laxities, still an employer can give three months notice and can dispense the services in rarest of the rare cases. The question of reinstatement is a very rare possibility as employer fights till the end and wants to save his prestige first, to set an example second, and to save costs as third point. It is too immature to arrive at conclusions before CBI inquiry report. |
|
"still an employer can give three months nlotice..."
I wish if I could really agree the notice clause is there
If chargeshet is issued then charges hve to be proved in the inquiry and no shrot cut of termiation can be taken even during probation [unless the probation has been extended to the maximum due to pending disciplinary case]
Kumar Doab (FIN) 05 October 2016
If acquitted reinstatement is possible.
Kumar Doab (FIN) 05 October 2016
Expert Mr. Issac Gabriel has posted a good judgment of a strikingly similar, case.
Kumar Doab (FIN) 05 October 2016
The author has posted:
"No charge out of seven charges was proved.'
and
"recovery proving 3 charges out of seven proved forcefully"
HOw these are proved forcefully?
This thread has been closed.
Member Strength 9,46,651 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
