You are on page 1of 2

Case study

1) Obtain a complaint in writing of misconduct. It would be better if the complaint is supported by

some witness(es) or material evidence.
2) After obtaining a complaint, frame a Chargesheet cautiously as per the Certified Standing
Orders of the Company or Model Standing Orders, as deemed fit and applicable to your
Company. Issue the Chargesheet giving 3 days time from the receipt of C/Sheet for submitting
explanation in his defense by the employee.
3) If the explanation is not satisfactory, issue a letter to accused workman(AW) that the
explanation is not satisfactory and there is scope of further investigation which will be done by the
Inquiry Officer, so appointed by the Disciplinary Authority(DA).
4) Obtain approval for appointing Inquiry Officer(IO) and Management Representative(MR).
5) Issue order for appointment of IO & MR advising them to conduct fair and impartial inquiry and
submit report at the earliest, with a copy to AW. AW will be allowed to seek help of a Co-
Worker(CW) during inquiry proceedings of his choice, if he so desires for which he shall make a
request in writing to the IO. Such CW will be released from work place on the date and time
inquiry is scheduled to be held.
6) Now the inquiry begins, after completion of inquiry, findings and brief report upon which the
findings have been arrived at will be submitted by the IO to DA.
7) Based on the findings of IO and gravity of misconduct, DA shall order for imposing
penalty/punishment for which Order will be issued under the Signature of DA with a copy to AW,
MR, CW, Administration Deptt., Finance Deptt., Head of Deptt. in which workman works and any
other relevant authority/person/department.


firstly you have to issue the detailed chargesheet and show cause notice to the worker
then you have to appoint an Enqiry officer for domestic enquiry and the same need to be informed to the
concern worker.

there are two ways of enqiry one is suspenssion pending enqiry and other with out suspenssion. (as per
the nature of misconduct it needs to be decieded)

Then after the complete enqiry procedure the enquire officer submits the report and on the basis of the
report mgt may take a decision to dismiss the worker.

This is a bit lenghty process but more appropriate one.
You may contact to your legal advisor as well for the same if there is a Union for better way of approach.
Make sure while dismissing the worker file a caviate in the Industial and labour court.

For any disciplinary action there is procedure as per the Standing orders act and ID act.

1. Take a written complaint from the concerned dept head or employee.
2. Issue a show cause notice to the concerned worker by call for written explanation with in 48 hours
3. Based on explanation and gravity of misconduct issue domestic enquiry notice
4. appoint a enqueiry officer.
5.conduct domestic enquiry
6.Issue the punishment based on enquiry findings