Professional Documents
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MISCONDUCT
DELINQUENCY
WRONG DOING
TRANSGRESSION
ADULTERY TO MANAGE BADLY
DISCIPLINE
OBEDIENCE
REGULATION CORRECTIVE PUNISHMENT
DISCIPLINARY ACTION
DOMESTIC ENQUIRY
WHEN REQUIRED
WHY REQUIRED BY WHOM REQUIRED FOR WHOM REQUIRED
L E F T
= LEGAL
E
F T
= EFFICIENT , ETHICAL
= FAST
= TRANSPARENT
REPORT / FINDINGS OF ENQUIRY OFFICER RECEIPT OF ENQUIRY REPORT BY THE COMPETENT AUTHORITY SUPPLYING COPY OF ENQUIRY REPORT TO DELINQUENT FOR HIS COMMENTS ON IT EVALUATION AND APPLICATION OF MIND ON THE ENQUIRY REPORT AND ON COMMENTS OF THE DELINQUENT IF ANY BY THE COMPETENT AUTHORITY SHOW CAUSE NOTICE TO WORKMAN ABOUT PROPOSED PUNISHMENT
PUNISHMENT
WHAT IS A CHARGESHEET
A MEMO OF ACCUSATIONS VIOLATION OF SERVICE CONDITIONS / RULES / REGULATIONS ETC. BY THE EMPLOYEE
NO ACTION CAN BE TAKEN AGAINST ANY WORKMAN FOR AN ACT OF MISCONDUCT UNLESS HE HAS BEEN ISSUED A CHARGESHEET TO AFFORD A FAIR AND PROPER OPPORTUNITY TO THE DELINQUENT AS PER PRINCIPLES OF NATURAL JUSTICE TO PUT FORWARD HIS DEFENCE AGAINST THE CHARGES LEVELLED AGAINST HIM
SPECIFIC ACCURATE
DETAILED
CLEAR UNAMBIGUOUS
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A PERSON WHO IS COMPETENT TO APPOINT AND DISMISS EMPLOYEES A PERSON DULY AUTHORISED AND DELEGATED WITH THIS AUTHORITY
EXPLANATION BY EMPLOYEE
EXPLANATION NOT MANDATORY BRFORE INITIATING DOMESTIC ENQUIRY EMPLOYEE MAY ACCEPT THE CHARGES PLEAD GUILTY PLEAD MERCY REFUTE CHARGES PLEAD GUILTY BUT EXPLAIN CIRCUMSTANCES ASK MORE TIME TO SUBMIT EXPLANATION NOT SUBMIT EXPLANATION
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. . . EXPLANATION BY EMPLOYEE
SUSPENSION
IT IS A TEMPORARY DEPRIVATION OF ONES NORMAL POSITION, PRIVILEGES, FACILITIES, FUNCTIONS ETC. PENDING ENQUIRY
IT IS TO AVOID ANY TAPMERING / DAMAGE BY EMPLOYEE IT IS TO AVOID CONTINUANCE OF INDISCIPLINE IT IS RESORTED TO WHEN EMPLOYEES CONTINUANCE WILL BE PREJUDICIAL TO THE INTEREST OF THE ORGANISATION IT IS NOT REDUCTION IN RANK IT IS PROSPECTIVE, NOT RETROSPECTIVE
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NOTICE OF ENQUIRY
NOTICE TO BE GIVEN TO
SERVICE OF NOTICE COULD BE BY HAND / BY REGD. A.D. POST SERVICE OF NOTICE PROCEEDING FURTHER SHOULD BE ENSURED BEFORE
RETURNED LETTER IS NOT SERVICE OF COMMUNICATION EVADING TO TAKE DELIVERY IS NOT REFUSAL TO TAKE DELIVERY NOR IT IS SERVICE OF DELIVERY ENDORSEMENT OF POSTMAN IS REBUTTABLE DELIVERY TO OTHER DELIVERY MEMBER OF FAMILY NOT GOOD ...
. . . NOTICE OF ENQUIRY
E.O., M.R., DELINQUENT, D.A. TO MARK ATTENDANCE IN THE BEGINNING AND AT THE END OF EACH PAGE. WITNESSES ALSO TO SIGN AT APPROPRIATE PLACES.
STRICT RULES OF EVIDENCE NOT APPLICABLE IN DOMESTIC ENQUIRY PRINCIPLES OF NATURAL JUSTICE CAN NOT BE IGNORED ENQUIRY NEED NOT BE DONE AT ONE FIXED PLACE ONLY ENQUIRY PROCEEDINGS SHOULD BE RECORDED IN TRIPLICATE, ONE COPY EACH FOR E.O., M.R. AND DELINQUENT DELINQUENT SHOULD BE GIVEN COPIES OF DOCUMENTS RELIED UPON BY MANAGEMENT ...
DELINQUENT HAS RIGHT TO ASK FOR MORE DOCUMENTS RELEVANT FOR HIS DEFENCE STATEMENTS OF MANAGEMENT WITNESSES SHOULD BE RECORDED FIRST AND IN THE PRESENCE OF DELINQUENT DELINQUENT SHOULD BE GIVEN OPPORTUNITY TO CROSS EXAMINE MANAGEMENT WITNESSES IF DELINQUENT DOES NOT CROSS EXAMINE THE MANAGEMENT WITNESS, IT SHOULD BE RECORDED BY THE E.O. M.R. MAY ASK QUESTION FROM WITNESS FOR CLARIFICATION AFTER COMPLETION OF MANAGEMENT WITNESSES, E.O. SHOULD ENQUIRE FROM M.R. IF HE HAS NO OTHER WITNESSES, AND SHOULD RECORD THIS ...
AFTER COMPLETION OF MANAGEMENT EVIDENCE, THE DELINQUENT WILL LEAD HIS EVIDENCE
M.R. WILL CROSS EXAMINE DELINQUENTS WITNESSES. IF HE DOES NOT, E.O. SHOULD RECORD THIS WHEN DELINQUENTS EVIDENCE IS COMPLETE, E.O. WILL ASK THE DELINQUENT IF THERE ARE NO OTHER WITNESSES AND WILL RECORD THIS IN EACH PROCEEDING E.O., M.R., DELINQUENT AND HIS REPRESENTATIVE HAVE TO MARK THEIR ATTENDANCE AND SIGN ON EACH PAGE OF THE ENQUIRY PROCEEDINGS E.O. WILL CLOSE THE ENQUIRY PROCEEDINGS
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A WITNESS IS CONSIDERED NEUTRAL UNLESS THERE IS MATERIAL TO PROVE HIS ENMITY WITH DELINQUENT
RELATIONSHIP WITH MANAGEMENT DOES NOT NEGATE A WITNESS IF HIS DEPOSITION IS FAIR AND TRUE THERE IS NO RULE TO DISREGARD THE EVIDENCE OF LONE WITNESS IF THERE ARE MANY WITNESSES, THERE IS NO NEED TO EXAMINE EACH AND EVERY WITNESS IF THERE ARE MANY WITNESSES, THERE IS NO NEED TO EXAMINE EACH AND EVERY WITNESS ...
LOCAL EASILY
EX-PARTE ENQUIRY
ENQUIRY REPORT
ENQUIRY OFFICER WILL SCRUTINIZE, ASSESS, EVALUATE, CORROBORATE, JUSTIFY AND CONCLUDE BASED ON ALL DOCUMENTS, STATEMENTS AND ALL RELEVANT INFORMATION FROM THE ENQUIRY PROCEEDINGS RECORDED BY HIM AND BY APPLYING HIS UNBIASED, IMPARTIAL, FAIR AND JUDICIOUS MIND AS PER PRINCIPLES OF NATURAL JUSTICE, AND WILL PREPARE HIS ENQUIRY REPORT / FINDINGS AND WILL SUBMIT THE SAME ALONGWITH ALL DOCUMENTS TO THE DISCIPLINARY AUTHORITY ENQUIRY OFFICER IS REQUIRED TO SUBMIT HIS FINDINGS ONLY WHETHER THE DELINQUENT HAS BEEN PROVED GUILTY, PARTLY GUILTY OR NOT GUILTY ...
. . . ENQUIRY REPORT
HE SHOULD NOT RECOMMEND ANY PUNISHMENT IN CASE THE DELINQUENT IS FOUND GUILTY
FINDINGS OF A DOMESTIC ENQUIRY BASED ON SUSPICION, SURMISE OR CONJECTURES IS BAD IN LAW
INVITING COMMENTS
A COPY OF THE ENQUIRY REPORT / FINDINGS PREPARED AND SENT BY THE ENQUIRY OFFICER WILL BE PROVIDED TO THE DELINQUENT FOR HIS COMMENTS ON IT, IF ANY, TO BE SENT BY HIM WITHIN A STIPULATED TIME PERIOD.
IN CASE THE DELINQUENT GIVES SOME EXTENUATING REASONS AND POINTS OUT FLAWS IN THE FINDINGS OF THE ENQUIRY REPORT OF THE ENQUIRY OFFICER, THE DISCIPLINARY AUTHORITY WILL WEIGH THE ENQUIRY REPORT IN LIGHT OF SUCH COMMENTS OF DELINQUENT AND TAKE HIS ACTION. IF THE DELINQUENT DOES NOT SUBMIT ANY COMMENTS, THE DISCIPLINARY AUTHORITY WILL TAKE FURTHER ACTION IN THE MATTER ON THE BASIS OF FINDINGS OF THE ENQUIRY OFFICER. ...
. . . INVITING COMMENTS
NON SUPPLY OF COPY OF ENQUIRY REPORT TO DELINQUENT IS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AS WELL AS PROVISIONS OF ARTICLES 14 AND 21 OF CONSTITUTION
PUNISHMENT
IN CASE THE DELINQUENT IS ABSOLVED OF THE CHARGES BEING NOT PROVED IN THE ENQUIRY OR PARTIALLY PROVED, OR WHEN COMMENTS OF DELINQUENT ARE ACCEPTED BY DISCIPLINARY AUTHORITY, HE WILL NOT BE INFLICTED ANY PUNISHMENT OR WILL BE INFLICTED PUNISHMENT IN PROPORTION TO THE PARTIAL GUILT PROVED, AS THE CASE MAY BE.
IN CASE THE CHARGES ARE PROVED AGAINST THE DELINQUENT OR THE COMMENTS OF DELINQUENT ARE NOT ACCEPTED BY THE DISCIPLINARY AUTHORITY, APPROPRIATE DISCIPLINARY ACTION AS PER STANDING ORDERS / SERVICE CONDITIONS ETC. WILL BE INFLICTED ON THE DELINQUENT.
KINDS OF PUNISHMENT
PREVENTIVE
RETRIBUTIVE
CORRECTIVE
PURPOSE OF PUNISHMENT
FAIRPLAY IN PUNISHMENT
PUNISHMENT SHOULD BE JUST, FAIR AND IN PROPORTION TO THE ACT OF MISCONDUCT PROVED
PUNISHMENT SHOULD NOT BE ARBITRARY, VINDICTIVE, MALA FIDE, LESS OR EXCESSIVE PUNISHMENT SHOULD BE AWARDED BY TAKING ALL FACTORS INTO CONSIDERATION PUNISHMENT SHOULD BE AWRDED BY THE DISCIPLINARY AUTHORITY AFTER APPLYING HIS JUDICIOUS MIND
A DELINQUENT CAN NOT BE HELD GUILTY SIMPLY ON PRESUMPTIONS ...
. . . FAIRPLAY IN PUNISHMENT
SINCE FINDINGS OF DOMESTIC ENQUIRY CAN TAKE AWAY THE LIVELIHOOD OF DELINQUENT, THE ENQUIRY OFFICER SHOULD APPLY HIS OWN MIND VERY JUDICIOUSLY IN WRITING HIS REPORTDOMESTIC
ENQUIRY IS A QUASI JUDICIAL ENQUIRY AND THUS IT MUST SHOW REASONS FOR ITS CONCLUSION
IN EXTREME / EXCEPTIONAL CIRCUMSTANCE WHEN IT IS NOT PRACTICALLY POSSIBLE TO CONDUCT AN ENQUIRY, MANAGEMENT MAY RECORD SUCH CIRCUMSTANCES AND REASONS BEFORE TERMINATING THE EMPLOYEE.
MANAGEMENT MAY LEAD EVIDENCE BEFORE THE COURT IN SUCH CIRCUMSTANCES IF SO REQUIRED
SECTION 11-A OF I.D. ACT, 1947 AND POWERS OF LABOUR COURTS / TRIBUNALS
ONCE THE EMPLOYEE IS PROVED GUILTY OF THE CHARGES LEVELLED AGAINST HIM IN A DOMESTIC ENQUIRY, THE JURISDICTION TO AWARD PUNISHMENT RESTS WITH THE MANAGEMENT WHEN A DOMESTIC ENQUIRY IS CONDUCTED FAIRLY, PROPERLY AND AS PER PRINCIPLES OF NATURAL JUSTICE, NORMALLY LABOUR COURTS / TRIBUNALS DO NOT INTERFERE WITH THE PUNISHMENT AWARDED BY THE MANAGEMENT ...
IN EXTREME CASES WHERE THE COURT FEELS THAT THERE IS A CASE OF VICTIMISATION OR UNFAIR LABOUR PRACTICE AND PUNISHMENT IS DISPROPORTIONATE TO THE ACT OF MISCONDUCT, IT MAY INTERFERE WITH THE PUNISHMENT LABOUR COURT / TRIBUNAL IS CLOTHED WITH POWER TO RE-APPRAISE THE EVIDENCE IN DOMESTIC ENQUIRY AND SATISFY ITSELF WHETHER THE SAID EVIDENCE RELIED UPON BY THE MANAGEMENT ESTABLISHED THE MISCONDUCT ALLEGED AGAINST THE CONCERNED EMPLOYEE
THANK YOU !