termination and fresh appointment
prateek pandit
(Querist) 02 December 2010
This query is : Resolved
the basic proposition is....whether an employee who has been terminated from service on charge of misconduct and was given a fresh appointment by appellate authority by wiping out his entire service can again be punished in his fresh appointment on basis of a charge sheet which relates to his previous employment but which was not decided ?
Ajay Bansal
(Expert) 03 December 2010
NO.NOW NEITHER BENAFIT NOR LOSS OF PREVIOUS SERVICE CAN BE CONSIDERED.
prateek pandit
(Querist) 03 December 2010
thank you Mr. Bansal.................i would be really grateful if you could provide some citation (authority)
Advocate. Arunagiri
(Expert) 03 December 2010
No person can be punished twice for the same offense.
M V Gupta
(Expert) 04 December 2010
Dear Mr. Pandit,
Do u mean to say that the employee who was punished by the competant Authority with termnination of service was reinstated by the appellate Authority without benefit of his past service? If this is so, I am of the opinion that the employee continues in his service but cannot claim promotions / increments on the basis pof his past service.This being the legal position, any charge sheet that was already issued to him inrespect of another misconduct and pending hearing and disposal can be proceeded with according to the staff rules and if the charges are proved suitable punishemnt can be awarded. It should be noted that the pending charge sheet is independant and does not abate on the orders passed by the Appellate Authority in the earlier charge sheet.
prateek pandit
(Querist) 08 December 2010
Dear Mr Gupta
The employee has not been re instated but has been given a fresh appointment. His letter of appointment expressly mentions that his appointment is fresh in all respects and for all intents and purposes. in such circumstances the above proposition has been formulated.
Thanks for your response
M V Gupta
(Expert) 10 December 2010
In view of what is stated by u the employer cannot conduct enquiery on the charge sheet issued to the employee under previous contract of service.
prateek pandit
(Querist) 13 December 2010
Dear MR M V Gupta.
Thanks for your response. Can you provide me with some citation or authority in this regard. I shall be immensely grateful
Sincerely,
Prateek pandit
