dismissal on conviction
Querist :
Anonymous
(Querist) 31 January 2011
This query is : Resolved
Whether the conviction u/s 323/34 IPC involves moral turptitude and it leads to dismissal? What procedure should have been followed in such a conviction before dissmissing the convicted employee?
Devajyoti Barman
(Expert) 31 January 2011
Breaking of law is indeed a moral turpitude and assault is an offence in India. Before dsmissing an employee he must have to be charge sheeted and thereafter a disciplinary proceeding will have to be conducted.
Guest
(Expert) 01 February 2011
Conviction, itself is a case of moral turpitude. An act or behavior that gravely violates the sentiment or accepted standard of the community, or a quality of dishonesty or other immorality that is determined by a court to be present in the commission of criminal offence is known as moral turpitude.
However, about procedure to be followed by the employer for dismissal in moral turpitude cases, I differ with the opinion of Mr. Devajyoti Burman, as according to Rule 19 of the CCS (CCA) Rules, 1965, the Disciplinary Authority has the absolute power to make such orders, as deemed fit after giving an opportunity to make representation on the proposed penalty. If the employee is belongs to a State Government, similar provisions also exist in the Discipline and Appeal Rules of the states concerned.
So, in such cases, the Disciplinary Authority need not issue any Charge Sheet. He just need to issue a show cause notice to convey his intention to impose a penalty to enable the employee to make any representation, if he desires do.
However, the dismissed employee can avail the opportunity to prefer an appeal to the prescribed Appellate Authority against the orders of the Disciplinary Authority, justifying his case and also if he thinks that the Disciplinary has not applied his mind to dismiss the employee.
Ajay Bansal
(Expert) 01 February 2011
Agreed with Devajyoti.
