Employee on bail

Reetu Dwivedi (Querist) 20 February 2014 This query is : Resolved
Dear experts,

We have one employee who is out on bail in some criminal case. Can we keep him in our employment until proved guilty by court or we should terminate him.

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Rajendra K Goyal (Expert) 20 February 2014
Depends upon the service rule of the organization and the nature of criminal case.

In most of Govt. organizations employee who remained in lock up for 48 hours is suspended.

Guest (Expert) 20 February 2014
What Sort of Criminal Case and if your opinion is good about him and his job is satisfactory for you and you have all details about him, his parents and family addresses etc Nothing Wrong in Retaining Him

Devajyoti Barman (Expert) 20 February 2014
It is your discretion to keep him. Mere accusation against an employee is not aground for his termination.

Sudhir Kumar, Advocate (Expert) 20 February 2014
Mere accusation can also be ground for disciplinary action depending upon service rules nature of assignment.

But you have not even indicated who is employer (govt / semi govt or otherwise private)

Dr J C Vashista (Expert) 21 February 2014
Incomplete informations may lead to disadvantagous advise.
The employee is still not convicted but an accused which may get acquital, hence suspension of service during trail may be considered.

Reetu Dwivedi (Querist) 21 February 2014
Thank you experts. I appreciate.

Guest (Expert) 21 February 2014
Welcome....

Rajendra K Goyal (Expert) 21 February 2014
You are welcome.

T. Kalaiselvan, Advocate (Expert) 22 February 2014
Yes, as experts opined, mere accusation until the charges are proved is not a ground for termination, to be on the safer side, a suspension may be invoked but mind it, he is entitled for half salary during the suspension period.

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