Indian evidence act 76
9 months ago
what should we do if an employee is continuously misusing indian evidence Act 76
A.Dear Client,
An employee is governed by the terms and conditions of the contract of employment and standing orders or service rules of the establishment defining misconduct on the part of the employee and disciplinary actions to be taken against the errant employee for proven misconduct by the disciplinary authority. Misuse of power or authority by an employee is construed as misconduct. Clause 14 of Model Standing Order of Schedule -1 under the Industrial Employment(Standing Orders) Central Rules, 1946 deals with disciplinary action for misconduct as defined therein. In the absence of any certified standing orders, model standing orders are being followed in most of the establishments. So, if the nature of misconduct i.e. misuse of power/authority that violates the provision of Sec.76 of Evidence Act, 1872 comes under the purview of misconduct defined under the said clause of model standing orders, then the employer can issue show cause or charge sheet for the said misconduct to the concerned employee and after holding a domestic inquiry into the charge following the principle of natural justice and if the charges proved against the employee in course of the inquiry, employer can take disciplinary action against the employee based on the gravity of the misconduct.
An employee is governed by the terms and conditions of the contract of employment and standing orders or service rules of the establishment defining misconduct on the part of the employee and disciplinary actions to be taken against the errant employee for proven misconduct by the disciplinary authority. Misuse of power or authority by an employee is construed as misconduct. Clause 14 of Model Standing Order of Schedule -1 under the Industrial Employment(Standing Orders) Central Rules, 1946 deals with disciplinary action for misconduct as defined therein. In the absence of any certified standing orders, model standing orders are being followed in most of the establishments. So, if the nature of misconduct i.e. misuse of power/authority that violates the provision of Sec.76 of Evidence Act, 1872 comes under the purview of misconduct defined under the said clause of model standing orders, then the employer can issue show cause or charge sheet for the said misconduct to the concerned employee and after holding a domestic inquiry into the charge following the principle of natural justice and if the charges proved against the employee in course of the inquiry, employer can take disciplinary action against the employee based on the gravity of the misconduct.
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A.Dear client,
In certain situations, the employer may choose to pursue legal action against the employee for the misuse of Section 76. This could involve filing a civil lawsuit for damages or seeking an injunction to prevent the employee from further misuse. Consultation with a lawyer experienced in employment law is advisable to assess the viability and best course of action for legal recourse.
In certain situations, the employer may choose to pursue legal action against the employee for the misuse of Section 76. This could involve filing a civil lawsuit for damages or seeking an injunction to prevent the employee from further misuse. Consultation with a lawyer experienced in employment law is advisable to assess the viability and best course of action for legal recourse.
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