Service rules – suspension if found with stranger lady in house

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This topic contains 2 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 4 weeks ago.

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  • #3480

    Is a govt. employee liable for suspension if he is found by the employer with a stranger lady in the quarter(building) provided to him by the employer.

  • #3486

    Firstly, you have not clarified whether the employee is a Government employee or a private sector employee or a PSU employee. The suspension rules may differ from employer to employer. Anyway, let me try to reply to your question, presuming that the employee is working under the Central Government (the rules are generally similar for most State Governments and PSUs also).

    As per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, a Government servant may be placed under suspension in the following situations-

    • where  a disciplinary proceeding against him is contemplated or is pending; or 
    • where he has engaged himself in activities prejudicial to the interest of the security of the State; or
    • where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

    In addition to the above situations, a Government servant shall be deemed to have been placed under suspension if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 hours, or if he is convicted in a case with sentence of more than 48 hours.

    In your question, you have not clarified as to whether the employee is found with a stranger lady in any objectionable / compromising position or in a normal manner. So, ultimately, it would depend on the facts of the case and also in the discretion of the authority concerned. If the authority is of the opinion that the employee is indulging in immoral activities which is against the discipline and conduct expected of the employee and has brought bad name to the department, it may in its discretion, consider suspension of the employee, if it is coming within the above guidelines.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #3487

    Firstly, you have not clarified whether the employee is a Government employee or a private sector employee or a PSU employee. The suspension rules may differ from employer to employer. Anyway, let me try to reply to your question, presuming that the employee is working under the Central Government (the rules are generally similar for most State Governments and PSUs also).

    As per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, a Government servant may be placed under suspension in the following situations-

    • where  a disciplinary proceeding against him is contemplated or is pending; or 
    • where he has engaged himself in activities prejudicial to the interest of the security of the State; or
    • where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

    In addition to the above situations, a Government servant shall be deemed to have been placed under suspension if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 hours, or if he is convicted in a case with sentence of more than 48 hours.

    In your question, you have not clarified as to whether the employee is found with a stranger lady in any objectionable / compromising position or in a normal manner. So, ultimately, it would depend on the facts of the case and also in the discretion of the authority concerned. If the authority is of the opinion that the employee is indulging in immoral activities which is against the discipline and conduct expected of the employee and has brought bad name to the department, it may in its discretion, consider suspension of the employee, if it is coming within the above guidelines.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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