withdrawl of termination

Querist : Anonymous (Querist) 08 February 2011 This query is : Resolved
An employee was terminated after domestic enquiry.The letter of termination was withdrawn and employee allowed to join duty. After few days he was again terminated on the basis of earlier enquiry.How far this is valid and legal?

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Guest (Expert) 08 February 2011
Totally illegal. Punishment cannot be awarded twice. Once termination is withdrawn, i cannot be imposed again on the disciplinary same case.

Kirti Kar Tripathi (Expert) 09 February 2011
IT IS ABSOLUTELY ILLEGAL. ONCE TERMINATION ORDER IS WITHDRAWN, THE MISCONDUCT IS CONDONED AND IT CAN NOT BE REOPENED. HOWEVER, IF WITHDRAWAL LETTER CONTAINS ANY SUCH CONDITION, WHICH SHOWS THAT MISCONDUCT IS NOT CONDONED AND WITHDRAWAL IS SUBJECT TO RECONSIDERATION, THE EMPLOYER CAN TERMINATE THE SERVICES.

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