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Can we terminate an employee put under suspension on criminal charges?

(Querist) 09 January 2009 This query is : Resolved 
'A' who is a Govt. employee charged with corruption. He was put under suspension while criminal proceedings started. Lower court awarded sentence on finding him guilty. Then 'A' approached Appellate court where bail was granted and his sentence was suspended till the final outcome of the case.
Now query is that,,, whether 'A' can b terminated at this stage that will be subject to the final outcome of the case OR he may be allowed to continue his service. it s pertinent to mention here that "A' is getting 75% subsistence allowance as per applicable service rules. OR
Wat necessary action may be taken at dis stage n under which rule?
Murali Krishna (Expert) 10 January 2009
There is no impediment to terminate the service of the govt employee on the basis of his conviction. His filing of appeal before a higher forum,not withstanding. Law is well settled in this aspect. However, if he is acquitted in appeal, he has to be taken back into service.

Normally, govt departments terminate the services on the basis of conviction and forget the disciplinary proceedings. Once, the employee acquitted after, say 10 years down the line, dept would be in doubt as to the disciplinary proceedings. Though, it can continue disc. proceedings if the charges and evidence are not same even after the acquittal, but records would not be available then. Therefore, it is advisable to conclude disciplinary proceedings also.
J K Agrawal (Expert) 10 January 2009
Termination is always by disciplinary proceedings and the criminal trial has no connection with it. whatever the result of criminal trial may be, You are free to proceed disciplinary action. If you have sufficient evidence you need not to influence your self with criminal court decision.
Guest (Expert) 10 January 2009
I slightly differ with Mr. Murali Krishna and agree witgh Sh. J.K. Agrawal. Irrespective of conviction or acquittal by the criminal court, the employer has got the right to hold departmental enquiry and on the basis of the findings of the departmental enquiry (if the employee has been found guilty on the basis of the evidence led in the departmental enquiry, the employee can be terminated. If in the appeal, the employee will be acquitted, then also the employer does not have responsibility to reinstate the employee for the reason, that the criminal trial demands the proof beyond the reasonable doubt, where as in the domestic enquiry, the preponderence of evidence is enought to dismiss the services of the employee. This is the settled law.
But, my personal opinion is that an acquitted employee shall be reinstated in the interest of justice.
Prabhakar
karlprabhakar@gmail.com.
zindagi (Querist) 11 January 2009
Dear Sirs,

thanks for your prompt response.
B.B.R.Goud. (Expert) 23 February 2009
i do agree with learned friends


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