Disciplinary Procedure

Complied By Pravat Ghose, HR Manager ACI Limited

Ref: Labour Act 2006 & Disciplinary Action in Non-Government Organization by Adv. S. A. Huq Non-

Ground rules
NO CELL PHONES Participation and sharing of Knowledge is Compulsory Speak One-at-a-time One-atWhen facilitator speaks, no one else does Be candid and honest Strive for consensus decision LISTEN Critique but NOT criticize 

      

Objectives of the presentation Upholding the value Fairness     To understand the basic principle of Disciplinary procedure To know about the steps of disciplinary procedure To conduct a successful domestic enquiry To prepare report on domestic enquiry .

Purpose  For Ensuring Principle of Natural Justice What is Principle of Natural of Justice? Essentials    Reasonable Man·s Test Applying common consciousness Role of a Judge Balance of Proof  Reasonably proved as it is civil in nature .

Steps of Domestic Enquiry 1. 5. if required ChargeCharge-Sheet Delivery of Charge-Sheet ChargeConsideration of Explanation Selection of Enquiry Officer Issuing Enquiry Notice Proper Domestic Enquiry Report of Enquiry Officer Consideration of Enquiry Report by the authority Awarding Punishment Delivery of Punishment Letter . 6. 9. 10. 2. Preliminary Enquiry. 7. 4. 8. 3. 11.

Preliminary Enquiry    Not required by Law Where documentary evidence is not available To find out real accused .1.

Should be circulated in the known language of the accused (Though there is no hard and fast rule). Management can reissue a corrected charge-sheet. ChargeCharge-sheet must have Nature of misconduct. occurrence. Charge-sheet & Drafting of Charge-sheet ChargeCharge       To inform the charge elaborately to the accused. There is no specific limitation for serving charge-sheet or showchargeshowcause but it is better to serve as soon as possible. In case of charge of theft it is necessary to mentioned the names of items which have been misplaced. Time and Date and Role of accused. accused. occurrence. if necessary. .2. (It is derived from common chargelaw). chargeChargeCharge-sheet must be clear and specific. Place of misconduct. An official with the definition of employer or with a delegated authority can serve the charge-sheet.

Through registered mail. Employer should have a received copy. Delivery of Charge-sheet Charge    Through hand to hand. Question: How long should we wait for reply (in case sending through registered mail)? Answer: A reasonable period. (7 for mail delivery+4 days for legal requirement) . is possible. accused will have seven days from the date of receiving the letter. Extension of time can be considered if accused apply. Registry slip should be kept with care. Fourteen days.3. In present law.

In that case lenient punishment can be given following 17(2) of BLA 2006 considering his past records. It should be considered judiciously. . If someone commits the crime.4. Consideration of Explanation    It must be received by the authority. it is not necessary for conducting enquiry.

Nomination of more than enough is also acceptable Note: Number of enquiry officer is not a factor. Those who are involve in preliminary enquiry or those who are well-aware of the incident welliii. Those who are witness ii. Selection of Enquiry Officer Only one person is enough. Those who have animosity or good tie with accused iv. The method of enquiry is important.  All staff. holding upper position to accused.5. Management can appoint an external person as an enquiry officer  . can conduct the enquiry except. i.

Act.O. Subsection (b) . Sec. Note: It is necessary give 3 or 4 days time to accused after receiving the notice of enquiry. 18 of S. Issuing Enquiry Notice  Notice of Enquiry can be served by the person who issued the charge-sheet or by the enquiry chargeofficer.6. 1965.

The statement of accused cannot be taken in opening. All participants of the enquiry must sign in the proceedings of the enquiry The petitioner must be present and accused must be given chance to cross-examine crosshim/her. If he is not willing to question. After the recording the statement of accused witness. If he is willing to produce witness. Ahsanul Hoque Vs Agrani Bank          Enquiry has to be conducted infront of the accused Enquiry will be opened through petitioner·s statement and witnesses· statement on his favour. Sub S. 24. . The accused must be given enough chance to cross-examine the petitioner and his crosswitness (S. 5). Enquiry Officer will crosscrossexamine the witness. it must be noted in proceedings.DLR 90. it must be noted down in the proceedings. . Note: In a case where there is no rules and regulations for conducting enquiries.7. After that accused will be invited to produce his witness. Page 60. the principal of natural justice is to be followed. Proper Domestic Enquiry This is the most important part in disciplinary process.

  . His report is not binding on the punishing authority. the Enquiry Officer·s conduct and manner of handling enquiry should be such as not to give any scope for any party to allege that he was partial. His main function is to help the punishing authority to come to a definite conclusion regarding the guilt of the accused. During the course of the enquiry.Role of an enquiry officer As a Judge  The enquiry officer is engaged in a fact finding mission only. He should treat both parties equally and courteously and come to a decision in an objective manner supported by evidence on record. At the opening Enquiry Officer must read out the charges to Accused and ask him/her whether he/she understand the charge.

Similarly. Case Law: Where the presenting officer in the enquiry is a legally trained person then because of him the charge-sheeted employee also demanded to be represented chargeby an Advocate in the enquiry amounts to denial of reasonable opportunity of hearing and it violates the Principle of Natural Justice. . BLA 2006) SubPreviously in Traditional Enquiry there was no provision of Representative. management can nominate a representative to help the Enquiry Officer/Committee. crossIn Modern Enquiry. That·s why. Representative must be an employee of the organization. Sub-section 4. accused can bring his own representative.(1987) 2 SLR 209 (Cat.Modern Enquiry Representative (S. No external person or advocate is allowed to be the representative.) . it becomes the responsibility of Enquiry Officer to call the witness and cross-examine the witness which vitiates the role of impartial judge. 24.

Note: Evidence Act is not applicable in the process of Domestic Enquiry. . So legal knowledge is not required for conducting enquiry. not more than that.Modern Enquiry Witness: Accused may bring many witness in favour of him. Enquiry Officer is free to declare that he is going to accept 3/4 person as witness. Enquiry Officer will first record the statement of witness and then go for question & answer method. It makes the process faster. Statement of the witness must be recorded one by one. It is wise to collect the list of witness at the beginning of enquiry.

´As accused remains absent. exAt time of conducting ex-parte enquiry. Then he should start it again with a note. .Modern Enquiry ExEx-parte : If accused remains absent after receiving the notice of enquiry on due time. note: it is ___am/pm. Enquiry Officer should be exmore cautious. then Enquiry Officer can conduct ex-parte enquiry. It is better to start ex-parte enquiry after keeping it postponed for exan hour or two keeping note. exIt is essential for Enquiry Officer to cross examine the witness of petitioner or management representative and witness which is not a compulsory matter in normal case. I have to start ex-parte enquiryµ.

Mandatory Questions to ask accused at the closing All witness gave statement infront of you? Have your receive ample opportunity to cross-examine them? crossHave your got opportunity to produce your witness? Have you got chance of self-defense independently and without fear? selfDo you have any thing to say? Note: It is advised not to make hurry at the time of conducting enquiry.  Enquiry Officer must keep a written note on proceeding mentioning the time.  If enquiry cannot be finished within one day. Delayed procedure may also vitiate the process. .Modern Enquiry Postponed of Enquiry  It can be postponed having request from the accused. Duration should be reasonable. date and place to resume the process in next time.

Just carry the comment. Findings with reason. not any recommendation for punishment .8. Report of Enquiry Officer    Enquiry report should be concise.

Rebuking . Demotion in lower grade or payscale upto one year 3. Awarding Punishment Sec 23. Warning. Fine 5. Discharge or Suspend 2. 2 (Bangladesh Labour Act 2006)  Dismissal In lieu of dismissal 1. Engage in work without pay upto 7 days or suspension for week without pay 6. Ceasing increment and promotion upto one year 4.10. Sub Sec.

Hanging in Notice Board. Delivery of Punishment Order Sec 24. 9 (Bangladesh Labour Act 2006)    A copy to awarding punishment must be given to the accused. it must be send through registered mail to addresses found in personal record. . Sub Sec. If he refuses to receive.11.

Question and Answer Thank You .