Disciplinary action

M M Pandey (Querist) 18 April 2012 This query is : Resolved
Sir,

What should be the action of the management if an employee of a Company is convicted and imprisoned for six months for the offence committed by him not at all related with Company's business. The Company has not been informed by the authority. Neither the concerned employee has given any intimation regarding the same and is absenting from the Company's duty.

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Guest (Expert) 18 April 2012
The company can terminate services on any of the two offences, (1) for unauthorised absence, or/ and (2) for moral turpitude on criminal offence, any time when the management comes to know.

Sudhir Kumar, Advocate (Expert) 18 April 2012
If it was Govt service he coul dhave been dismissed without chargesheet by a simple SCN.

In your case you have to first see if any such provision exists in company 's service cnditions. You cannot bank upon a service conditions not stipulated in company rules or Industrial standing order duly notified. Given facts also do not indicate him to have been convicted for moral turpitude.

as far as termination on the ground of absence is concerned. Ye you can do so but not in mechanical manner. You will have to send chargesheet and notice of Inquiry at the last know address and hold an ex-parte inquiry.

In case your company's work does nto suffer and in case your company's rule are not violated by conviction or by the facts leading to conviction you can grant him leave without pay as and when he comes and apply. However if the charges relate to dishonesty and his nature of job demands high level of intergrity then this lenient treatment will not be prudent.