Define misconduct
amir haider
(Querist) 27 February 2012
This query is : Resolved
HELLO,
my govt autonomous body CDA Rules defines MISCONDUCT AS 'a conduct prejudicial to good order or service discipline or a conduct unbecoming of an office or a gentlemen'.
my question is if i an involved in some act like i am not paying my utility bills to govt of India or defrauding with any other govt agency, which has no bearing/no harm to the stakes of my employer govt autonomous body. Can my employer initiate disciplinary action on this? please share your valuable expert opinion.
amir haider
(Querist) 27 February 2012
it is also important to state that there is no criminal proceeding/conviction. it is only on the bases of a complain of a colleague that i am involved in some moral turpitude which has no bearing for the employer
Guest
(Expert) 27 February 2012
Dear Haider,
What specific act of moral turpitude has been reported on your part by your colleague? Not paying my utility bills to govt of India would not fall under the category of moral turpitude. However, defrauding with any other govt agency, of course is an act of moral turpitude.
Unless you specify the real problem, it would be difficult to analyse your problem and to provide appropriate solution to you.
Rajeev Kumar
(Expert) 27 February 2012
Agree with Dhingra ji
amir haider
(Querist) 27 February 2012
i am glad to get the response of Mr. Dhingra,
further it is elaborated that i took a salary from my previous employer which i should not have after joining my current employer . is it a case of moral turpitude ? lack of integrity or corruption for my current employer? it is noteworthy that no harm is done to the stakes of current employer.the previous employer has also condone it.
Shonee Kapoor
(Expert) 27 February 2012
Yes, it is.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 27 February 2012
Dear Haider,
It is your misconception that you have not done any harm to the stakes of current employer. Dishonesty, cheating and fraud are immoral acts on the part of an employee.
Whatever may be the background and factual position with your employment with reference to your past employer, which only you may be knowing, but by drawal of double salary from both the employers your act has vindicated your position on record about you to have been on double employment. Double employment is treated as an offence.
Thus, by virtue of the said record of double employment, you might have been treated to be associated with your past employer also during your service with the present employer, which denotes your dishonesty with disloyalty/disintegrity with your present employer.
In addition by virtue of the same record of double employment and drawal of double salary, you might have been deemed to have committed an immoral act of dishonesty, cheating and fraud with your present employer by concealing the facts from the authorities.
Thus, by virtue of dishonesty, cheating and fraudulent drawal of double salary, your position is indicative of being guilty of moral turpitude in your present employment, which can result even in to your dismissal from the PSU, if not defended properly. If dismissal happens that can also put an embargo on your future scope of service with any Government organisation.
Now it all depends upon you how effectively you can defend yourself on the charge.
It is therefore advisable for you to hire some knowledgeable expert on service matters and explain him the complete details about the case and get yourself defended properly to save your service.
Sudhir Kumar, Advocate
(Expert) 27 February 2012
All experts,
There are series of queries on such issues by this querist.
Present question is by and large hypothetial. He should come with the clear facts as to why he is charged.
amir haider
(Querist) 27 February 2012
thanks a lot Mr. PS Dhingra, i am sure i would not find better expert opinion than yours, so nice of you. Can you please further explain this:
1) Agreed that withdrawal of salary from previous employer during service with current employer is an offence and also disloyality. But it is not understood how it could be described as dishonesty and fraud with current employer? because it can be a fraud/dishonesty with the previous employer not with the current employer perspective.
2) your view about concealing is entirely agreed and understood.
3) my previous employer was also a gov autonomous body as the present. would this fact any impact on the case?
waiting for ur response
Raj Kumar Makkad
(Expert) 27 February 2012
I think every aspect of your query has clearly been defined and thus your query is fully resolved.
amir haider
(Querist) 27 February 2012
response to my previous was not complete i.e i put it again. sorry for inconvenience mr. Sudhir. please reply to my latest threat for proper understanding in view of the new facts.
Sudhir Kumar, Advocate
(Expert) 10 April 2012
defrauding any Govt body ( for that matter even a rpivate person) constitutes lack of integrity. The the misconduct of "lack of intergrity " as defined in CDA Rules of PSU, basically copy of CCS(Conduct) Rules, is not resptricted dishonesty in course of employment.
