suspension of employee
Adv.Vishal Anil Vyavahare
(Querist) 23 April 2016
This query is : Resolved
Person employee in educational institution as a peon on permanent basis from last 15 years. Offence registered against him under section 354 A of IPC on complaint of lady teacher from same institution afterwards he has been released on bail on the same day of arrest . Now management denied him to join the institution and said that he can be join after conclusion of criminal case.
Whether this is not unjust n unfair decision taken by the management ? Plz suggest me what is the remedy for that employee against the decision of management. ?
Regards
Vishal A . Vyavahare, Advocate
9371821992
Kumar Doab
(Expert) 23 April 2016
Pursue the service rules and regulations, Conduct and Discipline Rules.
The establishment could have domestic inquiry.
Has the management passed a speaking order?
Engage an able labor Law Consultant for him.
Rajendra K Goyal
(Expert) 23 April 2016
If the management adopt proper procedure, the person can be kept under suspension till the criminal case is concluded.
dr g balakrishnan
(Expert) 04 August 2016
Till one is convicted he is treated innocent; so company/institution cannot deny him job after all any person like a workman or employee need to live, he cannot be killed by denying him service till convicted, after all none can say for certain he can be convicted. so obviously he has a fundamental right under Art 14 .
So if not given job, after L Chandarakumar 9 member judgement the job is a property even for a govt servant, educational institution is an Art 12 institution it has to protect the employees' interest, failing which he can move Writ in the relevant High court under Article 226 r/w 227 making the Secretary of Education of the State government as the 1st Respondent,2nd respondent the Institution, and the writ Mandamus may be admitted by the court, to render justice in this case.
dr g balakrishnan
(Expert) 04 August 2016
Law is not an Ass always if properly used by good reasoning. if desired you may contact me,if desired.
dr g balakrishnan
(Expert) 04 August 2016
Jobs are basically the property under fundamental rights, after L chandrakumar's decision well said by Justice Krishna Iyer as one of the judges, in that case.
Advocacy is by right connecting of the relevant case laws by sound reasoning; Advocacy does not mean, just accept management decisions be it the union of india or anyone.
Guest
(Expert) 04 August 2016
My Dear Adv. Vishal,
It all depends upon service rules of organisation with specific reference to the organization being Government or private one, whereas you have not mentioned whether the educational institute if Government or private institute.
