Upgrad LLM

central govt. employee problem- please help


Can a central govt. employee get suspended if somebody accuses him of commiting adultery with a colleagues wife( a departmental complaint)? Also if he is accused of having s*x with a prostitute, will he get suspended in this case as well??

Should the concerned person opt for VRS?

Or will he be suspended only if it is proved that he committed adultery or had s*x with a prostitute?

Please reply

 
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Retired employee.

Mere allegations are not enough, it should be proved in a Court of law and atleast he should be arrested and a charge sheet must be sent to employer.

Though it is not directly connected with employment, connected with moral turpitude and criminal offense.

It is left to member either to opt for VRS or continue to establish his innocence.  Till a charge sheet was received from employer, employee can remain in peace.

 
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accounts officer

The category of issue is outside the purview of concerned organisation.However, the concerned department will come into picture only if the aggrieved party is also from the same organisation.

 
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LEGAL CONSULTANT

 
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Retired employee.

Any infraction for such violations ?

 
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accounts officer

Term abuse has been assumed that the activity is within the organisation.If the said term relates to else where,a categoricial confirmation to the effect that the issue is outside the organisation has to be got to be serviced by the organisation,before resorting to the legal route.This is one of the requirement to be complied with by central government officials,whose service matters are governed by Central Administrative Tribunal.Hence a civl case can follow only subject to the said basic conditions...

 
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Advocate

Keeping with the general and good conduct of the employees rules, the organisation may issue a notice but since the offences relate to personal issues, especially happened outside the organisation, the department may not interfere in the personal affairs of the individual employees until and unless it is proved to be detrimental to the smooth functioning of the department.  

 
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Retired employee.

Above all, the employee in the organisation should have valuable contribution and should not be a target of superiors.  If there is an opportunity to torture him, superiors will never spare the opportunity.  At the end his sincerity and work for organisation and his relations with superior that ultimately counts.

 
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Dy Director

A giovt servant is expected to maintain good moral conduct in private life as well and failure to do so is a professional misconduct.

 

The allegations are not sufficient for suspension.

 

Some advised that charges need to be proved before suspension.  I do not agree.

 
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Retired employee.

Such ethics are required from every citizen.  Though it is accepted that suspension is not a punishment, it is more than a death to sensitive citizen.  Only, if there is a doubt that he tampers the record and influences within organisation , suspension may be a reason.  But in case of any allegations, suspension may not be the right way, though nothing stops employer, and a good HRD can never resort to such ultimate step.  There may be several things involved in deciding good moral conduct and such law in private life and evidences.

It is true that in many organisations, where victimisation is prevailing even before issuing charges, suspension is effected, and as informed already it is not a good HR practice.

 
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