Termination and holding an enquiry
H.S.ACHARYA
(Querist) 15 June 2013
This query is : Resolved
We have to terminate the services of one our officers who misappropriated company funds. Can we first give termination notice and hold an enquiry or conduct enquiry and then terminate the services and claim for the losses by filing a suit? he has already submitted his resignation which we have not accepted. While on duty he was drunk and was indulged in some personal issues.
Rajendra K Goyal
(Expert) 15 June 2013
Issue Charge-sheet, suspend, set inquiry and on the basis of inquiry report, if charges proved, the appointing authority can terminate him. Monetary recovery can be fixed for loss. FIR can also be lodged. Criminal proceedings and the departmental action both can be taken.
H.S.ACHARYA
(Querist) 15 June 2013
Is there any standard format of charge-sheet and suspension order? What all to be covered?
Sudhir Kumar, Advocate
(Expert) 16 June 2013
you have already issued termination notice and expressed your views that you will terminate. This amounts to prejudice and inquiry after this notice is farce.
You have also not mentioned that if any chargehseet has been issued.
You have complicated the issue and now no advise without seeing papers shall be helpful to you.
H.S.ACHARYA
(Querist) 17 June 2013
Dear Shri Sudhir Kumar,
We have not yet issued any termination letter. We have not accepted the resignation letter and today issued suspension order and will issue show cause notice tomorrow. Is he eligible for pay during suspension? There is misappropriation of funds and lapses in performing the duty. Thanks.
Raj Kumar Makkad
(Expert) 23 June 2013
Such suspended employee is duly entitled for the subsistence allowance which may be about 1/2 of his regular salary/wages.
Raj Kumar Makkad
(Expert) 23 June 2013
It shall be better if a regular charge-sheer is issued and a thorough enquiry is also conducted and this process should be got completed within a short period of 10-15 days.
prabhakar singh
(Expert) 24 June 2013
I strongly agree with opinion of Mr.Sudhir Kumar!
