Employee cannot be terminated merely on suspicion of misconduct to be proved: Cal. HC

Employee cannot be terminated merely on suspicion of misconduct to be proved

Calcutta High Court ruled in the case Subal Makhal vs. Indian Red Cross Society &Ors. WPCT 225/2023, on August 29, 2024, ordering the reinstatement of an employee who had been acquitted in a criminal trial initiated by the employer. The employer had dismissed the employee following a disciplinary inquiry for alleged theft. The Court noted that the allegations in both the criminal and disciplinary proceedings were similar and focused on a supposed breach of trust. The Court directed the employer to reconsider the punishment, highlighting that the prosecution had failed to prove that the employee was entrusted with any property in the criminal trial. The Court emphasized that mere suspicion should not replace concrete evidence in legal proceedings or internal inquiries.

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