Employee working for the overseas projects

Querist : Anonymous (Querist) 04 August 2010 This query is : Resolved
Dear Sir,
I am seeking the advice on behalf of the company.
An employee was posted outside India for a project executed by the company.
The employee was involved in financial irregularities and hence internal investigation and inquiry is on.
The company is in the possesion of the passport.
the employee through an advocate has sent us a notice that employee may be sent back to India for attending his domestic needs and marked a copy of the notice to external affair department/ministry of labour etc.
My querry is can we reply that pending the investigation against him the company cannot allow him to take leave or move outside that country since the prelimnary charges that are levelled against him pertains to criminal nature only and needs to be investigated

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s.subramanian (Expert) 04 August 2010
yes. you give a reply setting out the charges and the proceedings pending against him.

Guest (Expert) 04 August 2010
As the place of offence is a foreign territory, you can also mention that, if the employee is not co-operating with the investigation, he may have to be handed over to the police authorities of that country.

H. S. Thukral (Expert) 04 August 2010
Your inquiry is a domestic/internal inquiry involving indiscipline and consequences are dismissal of the employee from the service. Even if some criminal charge is imputed against him, employer can only refer the same to the Police for investigation and prosecution. As for as employer is concerned, it is in the interest of the employee that he attends and participate in the proceedings and defend the charges. But if does not do so employer can not force him to participate in the inquiry and inquiry can be conducted ex-parte. So it shall be unjustified if his movements are restrained through withholding of his passport and considering the fundamental right to freedom , the said act shall be illegal.

Querist : Anonymous (Querist) 05 August 2010
Dear All,

Many thanks for the reply.

regards,

arunav pankaj

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