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Can employer suspend on basis of criminal charges


30-May-2023 (In Labour & Service Law)
A government employee who is convicted under IPC 409&120B by lower court.he is still in service .can concerned department suspend him on the basis of his conviction if employee has not given any information about it to department
Answers (3)

Answer #1
989 votes
Yes the said department may upon its discretion suspend you. However, if the said charges are not proved against you and you are acquitted, then yoy can file a complaint in the labour court for illegal termination.
Answer #2
599 votes
service law says that convict person cannot be continue in his service. Employee can suspend him and initiate departmental proceeding may be initiated against him and after found true he can be terminate from the service.
Answer #3
766 votes
Yes. Suspension can be done. In case of conviction dismissal is also occasioned. Department has authority to initiate departmental​ proceedings and proceed accordingly. However, there is no blanket law and it depends on facts of case.

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