How to get stay on ShowCauseNotice SCN for termination

If the Management does follow procedure for termination such as issuing a showcause notice seeking explanation from him for his misconduct etc and if the explanation is satisfactory Management has no right  to termination.If there is more than 6 months delay in serving chargesheet on the delinquent emploee after due enquiry etc  then also thecourt may set aside termination orders.

Management has issued Charge sheet along with the SCN. And has given a period of 10 days for reverting them with explanation. And there is avery high possibility, that management has made its decision, indepent of what explanation he will provide. 

Is there any way, to stop termination or postpone it by 6 months ? Then the total years of employement would be 28 years.

The termination is more than a probability unless there is stay on conviction.

You can file a petition to stay the operation of conviction and also a stay agaisnt the employee from taking a decision hurriedly to terminate your services.

Your apprehensions seem to be right since matter involves fraud……………..

The relief from management may be possible only per directions from court…..

It is not possible to say anything without knowing the details. The employee has allegedly committed a fraud. The management has sent him show cause notice. The employee has given his explanation. His explanation was not satisfactory to the management. He was suspended pending enquiry. After enquiry termination order was issued. At that stage the employee went to court. The court issued a stay on termination, but subsequently upheld the decision of the management. The employee has now gone on appeal to the High Court. The employee doesn't want to be dismissed when his appeal is pending. Are things like this or different? Without saying what all things happened, you cannot ask queries.

the query is absolutely sketchy and no viedws can be formed.

You have not even intimated :-

1. whether employer is govt or not
2. whether the fraud is related to the rganisation or not.
3. how are you connected to the matter.

without these details I am not even able to agree or disagree with the views experessed by exprts above.

Convinction for fraud, but still not terminated, is not understood?

Take help of a local senior very able counsel of unshakable repute and integrity specializing in service matters...

He is a Development Officer of LIC of India. While he was on probation (1991), false school leaving certificate of a fake person where submitted to him for approval. Unknown with the bad intention of his agent, he Signed on that document. Although while on probation he had no authority to approve any identity document. Later, When death claim was made, LIC inquired and came to know that it was with the fraud intension of that agent. So, Fraud did not happen. From 1993 to 1996 departmental inquiry happened, where he was given penalty of 5 increment loss, for his signature on that document. And the case was submitted to CBI. Even, his name is not present in FIR. From then till 2014, Trials happened. In Aug 2014, court declared him guilty, and sentenced 2 yr jail and Rs. 5000 as fine. Hence, he appealed high court and got stay on sentence in 2014. Now After 3 years, LIC has sent him SCN with Chargesheet with the intension of terminating him.  

The impression is that he committed trangression by signing since he was not empowered.

The signature might be for OSV; Original seen and verified...........

From naked eye one can not examine if the a document is fake...........

Probably he also admitted that he did not see original...

He is not acquitted.

He is found guilty in lower court...

As per your post the higher court has stayed the sentence.......

The employer LIC wants to conclude the matter............

The conclusion can lead to termination........... 

As already suggested;Take help of a local senior very able counsel of unshakable repute and integrity specializing in service matters......and arrange for a seasoned and sharp local defense assistant....

The LIC employees unions can help for both...........

Or examine the old cases and find out the LOCAL counsel that has proven record of success in such matters of LIC.............LIC 

 

It shall certainly be better to consult A senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and specializing and having proven successful track record in Labor/Servicematters and having expertise in such contentious matters………………..and show all docs on record and give inputs in person.   As an adult/mature person you might have come across real life situations or publications on good cases falling flat in courts of law.............due to many factors including but not limited to............incompetence of PIP/lawyer(s) or dishonest lawyer(s) or insufficient evidence with aggrieved party although genuine and honest or competence of PIP/lawyer(s) of OP................ There are unlimited numbers of threads at LCI indicating same............and also unsuspecting querists being allured and fleeced at online portals.  

 

Originally posted by : MileyShah
	He is a Development Officer of LIC of India. While he was on probation (1991), false school leaving certificate of a fake person where submitted to him for approval. Unknown with the bad intention of his agent, he Signed on that document. Although while on probation he had no authority to approve any identity document. Later, When death claim was made, LIC inquired and came to know that it was with the fraud intension of that agent. So, Fraud did not happen. From 1993 to 1996 departmental inquiry happened, where he was given penalty of 5 increment loss, for his signature on that document. And the case was submitted to CBI. Even, his name is not present in FIR. From then till 2014, Trials happened. In Aug 2014, court declared him guilty, and sentenced 2 yr jail and Rs. 5000 as fine. Hence, he appealed high court and got stay on sentence in 2014. Now After 3 years, LIC has sent him SCN with Chargesheet with the intension of terminating him.

That is a due process of disciplinary action by the organization where an employee is convicted by the court of law. They have given an opportunity to defend himself through departmental inquiry to prove his innosence. Otherwise, the organization was well within its right even to dismiss him on the basis of his conviction.

Court will not grant any stay on withholding the SCN.

So, the employee may better take the opportunity to effectively defend his case int eh departmental inquiry.