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Annakumar V (Sr.Manager-HR & Compliance)     28 January 2011

When a worker is under criminal cases

Dear Sirs,


When an employee is detained in prison for criminal case, can the management terminate the employee immediately on the basis of pending criminal case before the criminal court or can the management suspend the employee till the judgement.  And finally if the judgement is favour to the employee what will be the  management's status?




 11 Replies

Kirti Kar Tripathi (lawyer)     28 January 2011


In industrial law, the management can take action against any employee under the service conditions applicable to him. Generally Standing orders applicable to a particular industry contains the list of misconducts on which the management can take action and for taking action the procedure is also prescribed in it.  Normally these misconduct relates with wrong committed by an employee during the course of his employment while performing duty within the premises of industry but there may be some misconducts which amount to moral turpitudes, on which the employer can initiate disciplinary proceedings. for which, it is incumbent upon the employer to issue charge sheet ask explanation and institute domestic enquiry. in the absence of above, the action taken by the employer will be treated illegal. Thus in my opinion, when an employee is detained in prison for criminal case, the management can not  terminate the employee immediately on the basis of pending criminal case before the criminal court without following the above said procedure. However, he can suspend the employee till the judgment or till final decision is taken by it by observing above procedure.



Dear Anna Kumar,


Detention by police in any case does not itself proves the crime unless decided so by the court of law. So, suspension of the employee under detention is the best remedy till the case is decided by the court of law.  On eviction, he employee can be taken on duty. However, if he is punished by the court of law the management has the proof of moral turpitude on the part of the employee and thus can terminate him after the judgement is pronounced.


But, to avoid any legal complecation, you may need to make adequate povision of such things in the Certified Standing Orders, Employee Conduct and Discipline Rules, and the Employee Handbook, as the case may be.


Annakumar V (Sr.Manager-HR & Compliance)     01 February 2011

Dear Sirs,

Thanks a lot for yours kind reply




You are welcome.

radha krishna (vp-hr)     08 February 2011

You cannot take desciplinary action against an employee for the reason that he is arrested on criminal case by police.

But, for absence from duty you can initiate process of desciplinary action. Termination of service on this count depends on the period he is absent ,his past record, the nature &  importance of job he is doing. 



Dear Radha Krishna,

Probably you need to reviw your reply, as in the case of detention by police management cannot take disciplinary action for his absence on account of detention, that not being a case of his wilfull absence, but being detained by the law & order authority. So, any action in such cases depends upon the judgment of the court whether that convicts or exonrates the employee.

SALA SATEESH (lawyer)     14 February 2011

Dear Sir,

going throught the content of query, as rightly answered by member as to reference of the standing orders, as per that whoever involved in FIR cannot be assumed to be accused unless and until declared by the competent court, shall be a prime requisite.

waiting for that, the employee can suspend him issuing a show-cause notice and followed with disciplinary enquiry but underneath all these attemps while under suspension employer have to pay him the subsistence allowance and the decision is not finalised such employer is eligible for entire payment as to this no employer will exonerate the employee. mere payment of this allowance would be futile excercise for the management.

other way is that give him the notice for his absentism and take suitable steps so as to terminate him.

once convicted every employer can terminate his employer it is within the clause of the standing order.

trusitng this may suffice apart from all these.



lissing perme (unemployed)     24 February 2011

Thank's all for enlightment.can someone .

pliz mention the relevant provision of law on this account.

AKHILESH SRIVASTAVA (consultation)     13 March 2011

Dear, Management is duty bound to suspend an employee if an employee was taken into judicial/police custody beyond 48 hours.

Kirti Kar Tripathi (lawyer)     13 March 2011


Sorry  Dear, 

I am not agree with you. Suspension on police custody is not possible in industrial law unless standing orders do not provide any such provision. However, in government employment is necessary to sent information regarding detention. In industrial law unless misconduct is not connected with employment and that too within the premises of establishment, no disciplinary action is permissible. However, the employer can take action on the misconduct of unauthorized absence as Mr. Dhingra suggested.

Susanta Chakraborty ( )     15 March 2011

Good one.

Taking into records.

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