Sir; what is the sequence of issuing warning letter,showcause notice,disciplinary letter and chargesheet and domestic enquiry and what is the time period for issuing one letter after another? Regards
From India, Mumbai
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6From India, Mumbai
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The sequence is as follows:
(1) Show cause notice to the employee for misconduct or irregularity on his part, if noticed;
(2) Issue of a warning letter (if the charge is not of a serious nature and committed for the first time) or issue of a charge sheet (if misconduct is of a serious nature) against the erring employee;
(3) Conduct of a Domestic inquiry by the Disciplinary Authority, or by the appointment of an independent Inquiring Authority and a Presenting Officer on behalf of the Disciplinary Authority;
(4) Supply of the Inquiry Report to the accused employee to call for representation, if any, the employee desires to make against the findings of the Inquiring Authority; and
(5) Issue of a penalty order, only if the charge is proved against the employee. Otherwise, if not proved, the order has to be issued for his exoneration of the charge. Show cause notice or the disciplinary letter are synonymous with each other.
From India, Delhi
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(1) Show cause notice to the employee for misconduct or irregularity on his part, if noticed;
(2) Issue of a warning letter (if the charge is not of a serious nature and committed for the first time) or issue of a charge sheet (if misconduct is of a serious nature) against the erring employee;
(3) Conduct of a Domestic inquiry by the Disciplinary Authority, or by the appointment of an independent Inquiring Authority and a Presenting Officer on behalf of the Disciplinary Authority;
(4) Supply of the Inquiry Report to the accused employee to call for representation, if any, the employee desires to make against the findings of the Inquiring Authority; and
(5) Issue of a penalty order, only if the charge is proved against the employee. Otherwise, if not proved, the order has to be issued for his exoneration of the charge. Show cause notice or the disciplinary letter are synonymous with each other.
From India, Delhi
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Dear sir; what is sequence means what is first letter and so on and after how much time one can issue second letter Regards
From India, Mumbai
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From India, Mumbai
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Sequence has already been given. The rest depends upon the conclusion of different stages of one event and the other, depending on the nature of the case and response to the previous sequential step of each event.
It is better to discuss the real problem to find a solution to that specific issue. If you wish to understand the entire process of disciplinary proceedings, it cannot be taught to you all at once. You may need to delve into books by various authors, as the process is neither easy nor quick. It can take months to complete. There are numerous steps to take before finalizing each stage of the events as listed by you. Therefore, no specific time frame can be anticipated due to the complexity of the process and the circumstances involved. You will also need to invest a significant amount of time to grasp the entire process, but you may still feel a lack of perfection in your understanding of it.
From India, Delhi
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It is better to discuss the real problem to find a solution to that specific issue. If you wish to understand the entire process of disciplinary proceedings, it cannot be taught to you all at once. You may need to delve into books by various authors, as the process is neither easy nor quick. It can take months to complete. There are numerous steps to take before finalizing each stage of the events as listed by you. Therefore, no specific time frame can be anticipated due to the complexity of the process and the circumstances involved. You will also need to invest a significant amount of time to grasp the entire process, but you may still feel a lack of perfection in your understanding of it.
From India, Delhi
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You can go through the material in this link for a better understanding of the subject - http://aipnbsf.org/files/Microsoft%2...%20Enquiry.pdf.
Normally, the domestic inquiry and guidelines are provided in the Standing Orders of an Estt. The time limits also shall find a place in the guidelines. However, there are certain discretionary powers given to the Presiding Officer who conducts the inquiry with respect to the time limits for every stage and would, in conclusion, give his/her verdict on the charges referred to the PO. Time limits would depend on the nature of charges, documents, parties, witnesses involved, etc. At the same time, the schedule for every stage should be logical and reasonable. If the inquiry is dragging or the parties involved are dragging to comply with the orders of the PO, or the PO himself is not adhering to a reasonable time, it will be open for criticism, which might jeopardize the inquiry itself. These kinds of time delays might give room for the intervention of courts for judicial review of the process.
From India, Bangalore
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Normally, the domestic inquiry and guidelines are provided in the Standing Orders of an Estt. The time limits also shall find a place in the guidelines. However, there are certain discretionary powers given to the Presiding Officer who conducts the inquiry with respect to the time limits for every stage and would, in conclusion, give his/her verdict on the charges referred to the PO. Time limits would depend on the nature of charges, documents, parties, witnesses involved, etc. At the same time, the schedule for every stage should be logical and reasonable. If the inquiry is dragging or the parties involved are dragging to comply with the orders of the PO, or the PO himself is not adhering to a reasonable time, it will be open for criticism, which might jeopardize the inquiry itself. These kinds of time delays might give room for the intervention of courts for judicial review of the process.
From India, Bangalore
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Sir,
Is a second show cause notice, disclosing the proposed punishment is must?
There are two views.
1.After the amendment to constitution of article 311, it is dispensed with. Many PSU CDA rules have removed the second show cause notice.
2.After the below supreme court rulings, it is treated as must.
Supreme Court – Union of India Vs Mohd Ramzan Khan, 20-11-1990, 1991 AIR 471, Proposed punishment has to be intimated by second show cause notice
“3....Supply of a copy of the enquiry report along with recommendation, if any, in the matter of proposed punishment to be inflicted would be within the rules of natural justice”
Supreme Court – The Management of Sri Ganapati Bus Service Vs The Presiding Officer, Labour Court, 13-12-2000, No Show cause notice proposing punishment. Dismissal held not valid
“The labour court also found that before awarding punishment of dismissal no show-cause notice as to the quantum of punishment had been issued”
Supreme Court : Union Of India vs Madhusudan Prasad on 28 October, 2003 Equivalent citations: 2004 (1) BLJR 78, 2003 (4) CTC 796, 2003 (4) JCR 231 SC Bench: K Balakrishnan, A Lakshmanan
"The above case was concerning an employee, proceeded, who was found guilty in an enquiry but the report was not furnished to the employee and show cause notice was not served on him. In view of the facts and circumstances of the case, the Court directed appropriate order should be passed regarding the back wages. In the instant case the appellate authority directed reinstatement of the respondent and held that he was not entitled to get back wages for the period he was out of service. It may be noticed that the respondent was removed from service without any enquiry and he was not even given show causes notice prior to his dismissal from service. There was fault on the part of the employer in not following the principle of natural justice. These relevant facts were considered and the learned Single Judge and also the Division Bench ordered the payment of back wages. We do not think this is a fit case where the Fundamental Rule 54 could have been invoked by the authorities. We find no merit in the appeal. The appeal is accordingly dismissed."
Supreme Court : The High Court Of Judicature At ... vs Shashikant S.Patil And Anr. on 28 October, 1999 AIR 2000 SC 22, 2000 (67) ECC 16, JT 1999 (8) SC 493 Author: K Thomas Bench: K Thomas, A Mishra, S S Quadri
"20. Legal position on that score has been stated by this Court in A.N. D' Sitva v. Union of India, that neither the findings of the Inquiry Officer nor his recommendations are binding on the punishing authority. The aforesaid position was settled by a Constitution Bench of this Court way back in 1963, Union of India v. H.C. Goel. . The Bench held that "the Government may agree with the report or may differ, either wholly or partially, from the conclusion recorded in the report." Their Lordships laid down the following principle: If the report makes findings in favour of the public servant and the Government disagree with the said findings and holds that the charges framed against the public servant are prima facie proved, the Government should decide provisionally what punishment should be imposed on the public servant and proceed to issue a second notice against him in that behalf."
From India, Salem
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Is a second show cause notice, disclosing the proposed punishment is must?
There are two views.
1.After the amendment to constitution of article 311, it is dispensed with. Many PSU CDA rules have removed the second show cause notice.
2.After the below supreme court rulings, it is treated as must.
Supreme Court – Union of India Vs Mohd Ramzan Khan, 20-11-1990, 1991 AIR 471, Proposed punishment has to be intimated by second show cause notice
“3....Supply of a copy of the enquiry report along with recommendation, if any, in the matter of proposed punishment to be inflicted would be within the rules of natural justice”
Supreme Court – The Management of Sri Ganapati Bus Service Vs The Presiding Officer, Labour Court, 13-12-2000, No Show cause notice proposing punishment. Dismissal held not valid
“The labour court also found that before awarding punishment of dismissal no show-cause notice as to the quantum of punishment had been issued”
Supreme Court : Union Of India vs Madhusudan Prasad on 28 October, 2003 Equivalent citations: 2004 (1) BLJR 78, 2003 (4) CTC 796, 2003 (4) JCR 231 SC Bench: K Balakrishnan, A Lakshmanan
"The above case was concerning an employee, proceeded, who was found guilty in an enquiry but the report was not furnished to the employee and show cause notice was not served on him. In view of the facts and circumstances of the case, the Court directed appropriate order should be passed regarding the back wages. In the instant case the appellate authority directed reinstatement of the respondent and held that he was not entitled to get back wages for the period he was out of service. It may be noticed that the respondent was removed from service without any enquiry and he was not even given show causes notice prior to his dismissal from service. There was fault on the part of the employer in not following the principle of natural justice. These relevant facts were considered and the learned Single Judge and also the Division Bench ordered the payment of back wages. We do not think this is a fit case where the Fundamental Rule 54 could have been invoked by the authorities. We find no merit in the appeal. The appeal is accordingly dismissed."
Supreme Court : The High Court Of Judicature At ... vs Shashikant S.Patil And Anr. on 28 October, 1999 AIR 2000 SC 22, 2000 (67) ECC 16, JT 1999 (8) SC 493 Author: K Thomas Bench: K Thomas, A Mishra, S S Quadri
"20. Legal position on that score has been stated by this Court in A.N. D' Sitva v. Union of India, that neither the findings of the Inquiry Officer nor his recommendations are binding on the punishing authority. The aforesaid position was settled by a Constitution Bench of this Court way back in 1963, Union of India v. H.C. Goel. . The Bench held that "the Government may agree with the report or may differ, either wholly or partially, from the conclusion recorded in the report." Their Lordships laid down the following principle: If the report makes findings in favour of the public servant and the Government disagree with the said findings and holds that the charges framed against the public servant are prima facie proved, the Government should decide provisionally what punishment should be imposed on the public servant and proceed to issue a second notice against him in that behalf."
From India, Salem
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A domestic enquiry, once started, can take many months (from 10-20 sittings) depending on the nature of the charge that is to be established, volume of documentary evidence that is to be relied upon, the number of witnesses from both sides to depose and cross-examined, general adjournments due to problems of both parties, and any other circumstances, etc. It is practically not possible to predict the timeframe at this stage.
For more info, you can read my blog too at - www.labourlawhub.com
From India, Kolkata
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For more info, you can read my blog too at - www.labourlawhub.com
From India, Kolkata
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Immediately upon receipt of the complaint against any employee, a show cause notice has to be issued. If the alleged misconduct is serious, suspension pending inquiry along with the show cause notice can be issued. Based on the explanation from the charged employee, further disciplinary actions, such as the award of punishment as detailed in the standing orders, or if a domestic inquiry is warranted, such letters need to be issued.
Following the completion of the domestic inquiry, if the charges are proven to be of a grievous nature and the punishment of dismissal is warranted, a second show cause notice detailing the proven charges and the proposed punishment has to be issued.
In the case of domestic inquiry matters, there may be no specific time frame. In other cases, it has to be completed as soon as possible; otherwise, the impact of the disciplinary action will not be felt or seen.
bgramesh, Hosur
From India, Vellore
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Following the completion of the domestic inquiry, if the charges are proven to be of a grievous nature and the punishment of dismissal is warranted, a second show cause notice detailing the proven charges and the proposed punishment has to be issued.
In the case of domestic inquiry matters, there may be no specific time frame. In other cases, it has to be completed as soon as possible; otherwise, the impact of the disciplinary action will not be felt or seen.
bgramesh, Hosur
From India, Vellore
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc