Termination from service

Kuppan.K.S (Querist) 06 January 2015 This query is : Resolved
Whether a PSU employee can be terminated consequent upon conviction by lower court, pending appeal at High court?

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Devajyoti Barman (Expert) 06 January 2015
yES, HE CAN BE.

Guest (Expert) 06 January 2015
Appeal does not bar the employer from terminating an employee of a PSU, as on conviction a disciplinary authority is bound to dismiss/terminate the employee, as per the conduct and appeal rules of the organisation. However, if you are exonerated by the appellate court, you can be reinstated on your service with the intervening period to be treated as duty under certain conditions.

So, defend your appeal case effectively.

Sailesh Kumar Shah (Expert) 06 January 2015
Yes, Unless stay on termination.

Rajendra K Goyal (Expert) 07 January 2015
Yes, if no stay on termination by court.

Guest (Expert) 07 January 2015
Naturally, in criminal case, the PSU was not made party to the case. So, the question of stay on termination does not arise, unless relief sought earlier and duly debated as against the provisions of the existing statutory rules of the Government of India, as applicable on PSUs also. The Disciplinary Authority is bound to terminate services in case of conviction, as per the provisions of the Discipline Rules.

ajay sethi (Expert) 07 January 2015
agree with dhingraji

Kumar Doab (Expert) 07 January 2015
Agreed with Expert Shri P.S.Dhingra.

T. Kalaiselvan, Advocate Online

(Expert) 11 January 2015
Agreed with experts views.

Sudhir Kumar, Advocate (Expert) 02 August 2015
Not termination. It is case of dismissal.

Sudhir Kumar, Advocate (Expert) 02 August 2015
repeated

http://www.lawyersclubindia.com/experts/dismissal-from-service-query-reg-551266.asp#.Vb2DWrX02aQ

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