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IKGoyal Advocate (Legal)     01 November 2009

Simplicitor Termination during Pendency of Enquiry

Whether an employee in any organization (specially in non-government educational institution aided by State Government) can be terminated by invoking simplicitor clause of the Act (by paying six months salary) during the pendency of an Enquiry ?



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 2 Replies

H. S. Thukral (Lawyer)     01 November 2009

You can not resort to termination simplicitor once inquiry proceedings have been launched or for that matter even if the allegations of misconduct have been made against him.  The discharge this way is only a punishment veiled as termination simplicitor. If however it is not possible to hold inquiry, you can terminate the services and prove the misconduct before the industrial court.

Kanaksinh P.Boda (Educationist/Lawyer)     08 February 2010

The aided educational institutions are covered under the standard code/university statutes in that state and there are detailed procuderal rules provided therein. There is no provision in grant in aid to part with an emplyee by  paying six months salary as the state govt. will not considre it for grant in aid. The institution has to follow the prescribed rules of inquiry by suspendint the emplyee first and conducting local inquiry and take action according to the local inquiry committee (the Presiding Officer) after giving equal oppurtunity of hearing to the said emplyee.


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