Re:
Procedure for termination:
There should be an act of misconduct under applicable standing orders.
There should a charge sheet
Issue Show cause Notice asking explanation as why his service cannot be terminated for the alleged misconduct.
If the explanation is not satisfactory, then initiate enquiry through a neutral body.
Based on the enquiry report finding, take appropriate action.
Ensure the principle of natural justice prevails.
Ensure the notice pay/compensation is paid under Sec. 25 F of ID Act
Employer need not go to court at this stage. It is the deliquint employee has to prove he has not committed misconduct or the Employer's allegation is false, baseless and malafide intention.
You may need to produce evidence/counter evidence at the court if required. Aslo the the past record of the CSE is useful for further corroborating the misconduct.
Hope it is clear,
Regards,
Dan Singh
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