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Prakash   30 June 2021

Termination for cause

Would like to have some expert advice on the procedure for terminating employee of an unlisted public limited company in Kerala for fraud and misappropriation ?


 4 Replies

G.L.N. Prasad (Retired employee.)     30 June 2021

1.Filing a police complaint is the first step.

2.  You can immediately suspend the employee eliminating the risk of tampering.  Immediately, iIssuing a show-cause notice, listing the allegations and evidence, seeking reply within 15 days, conducting inquiry through a superior officer by giving the opportunity of personal hearing as per principles of natural justice, then terminating the employee on the basis of the report, and giving another opportunity to an employee for appealing to CEO is the usual procedure to be followed.

3.If there is no laid down procedure search the website of DOPT, GOI and download their manual for disciplinary proceedings.   It serves as a reference to all such conduct rules and violations of employees, the likely punishment for minor and major misconduct.

T. Kalaiselvan, Advocate (Advocate)     01 July 2021

First step is to lodge a criminal complaint  for the offences found to have been committed by the employee with the local police station.

Then he can be served with a memo seeking explanation for the alleged offences he has committed and he can be served with a suspension order.

After receiving explanation letter and if his explanation is not satisfactory, a departmental inquiry may be ordered by appointing inquiry officer and presenting officer etc. as per the procedures of law for conduct of departmental inquiry.

If the inquiry reports confirm the alleged commission of offence then the employer may terminate his employment and file an approval  petition before the State industrial tribunal  to confirm and approve the department's decision  of terminating the employee for the commission of the offences which are in contrary to the company's regulation/rules and also attracting other sections of the criminal law.

 

P. Venu (Advocate)     03 July 2021

The misconduct, as posted, involve cognisable  offences. You may lodge FIR, as suggested. Simultaneously, you have the option to initiate due process to impose punishment, as proportionate to the charges proved. The procedure in  imposing the punishment needs to be improved by the Principles of Natural Justice. Statutory compliance is also necessary if the company is registered under Shops and Establishment Act or Factories Act.

Dr J C Vashista (Lawyer)     05 July 2021

I endorse the analyses and opinion of experts.

Lodge police complaint / FIR against the employee with relevant information / documents.

Issue show cause notice and proceed departmentally (inquire and punish delinquent official as per law) if the employer is not satisfied with reply to such show cause notice


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