Dear Sir, Can we run two domestic inquiry separately Simultaneous against one delinquent for two different misconduct as per rule. Pls throw light on query Regards Sacheein
From India, Mumbai
12From India, Mumbai
Dear Sacheein
Domestic enquiry are initiated on the basis of principle of natural justice and there is no other law which specify anything about domestic enquiry.if you have two diiferent charges at
different time against one employee than two dometic enquiry can run simultaneously.
From India, Delhi
Domestic enquiry are initiated on the basis of principle of natural justice and there is no other law which specify anything about domestic enquiry.if you have two diiferent charges at
different time against one employee than two dometic enquiry can run simultaneously.
From India, Delhi
Yes, two seperate enquiries can be proceeded simultaneously for two seperate instances of misconduct. There is nothing illegal in it. But on the conclusion of the enquiries seperate punishments could be given or clubbed together to give a severe punishment. Regards KK Nair
From India, Bhopal
From India, Bhopal
Thanks to Malik & KKNair sir
If we issue a second charge sheet to the delinquent for different misconduct. might be a chance he blame to management that, they put me a fix,it was already decided, management compel me to do this etc. whats its effect on first inquiry? what is max.period to issue charge sheet for misconduct?
Regards
Sacheein
From India, Mumbai
If we issue a second charge sheet to the delinquent for different misconduct. might be a chance he blame to management that, they put me a fix,it was already decided, management compel me to do this etc. whats its effect on first inquiry? what is max.period to issue charge sheet for misconduct?
Regards
Sacheein
From India, Mumbai
Ideally after receiving explanation from accused employee the chargesheet should be served within 07 working days
If we issue a second charge sheet to the delinquent for different misconduct. might be a chance he blame to management that, they put me a fix,it was already decided, management compel me to do this etc. whats its effect on first inquiry? what is max.period to issue charge sheet for misconduct?
Regards
Sacheein[/QUOTE]
From India, Pune
If we issue a second charge sheet to the delinquent for different misconduct. might be a chance he blame to management that, they put me a fix,it was already decided, management compel me to do this etc. whats its effect on first inquiry? what is max.period to issue charge sheet for misconduct?
Regards
Sacheein[/QUOTE]
From India, Pune
Dear Sacheein: The delinquent employee may blame the management, but that happens in every case, but that should not deter the management from issuing a second charge sheet. There is always this allegation that management has predecided, this is very easily said, but proving a charge of bias or prejudice is not so easy. As stated in the principles of domestic enquiry, the main concern is maintainance of discipline which is a fundamental need for any industrial activity to exist. So for the purpose of maintaining discipline in the unit, a second or more charge sheets could be issued. There are such cases handled by me. The issue of a second charge sheet will not affect the first charge sheet as the two proceedings are independent and that should be the effort. Keep different enquiry officers that will be better.
As regards time period, there is no such fixed period as per statute. But pl. check the standing orders applicable to your undertaking. However, the principle is that the earliest the better and the delay in issuing the charge sheet needs to be explained, if called upon to do so. Please safeguard against allegation that management did not have any evidence and to cook them up it has taken time.
Hope the above clarifies: Regards KK
From India, Bhopal
As regards time period, there is no such fixed period as per statute. But pl. check the standing orders applicable to your undertaking. However, the principle is that the earliest the better and the delay in issuing the charge sheet needs to be explained, if called upon to do so. Please safeguard against allegation that management did not have any evidence and to cook them up it has taken time.
Hope the above clarifies: Regards KK
From India, Bhopal
Hi, No we can’t run two separate domestic inquiry. Please amend the charge sheet accordingly otherwise your inquiry would be vitiated....please consult with lawyer also.. Thanks,
From India, Delhi
From India, Delhi
Dear Sacheein, Yes, it would be legal and proper to issue a second chargesheet for another misconduct. If the circumstances are such, then he can be suspended also.We had a matter where an employee was proceeded for his frequent unauthorised absence. While the enquiry was in progress one day he came to duty carrying Rs. 50,000 in a small bag, went to his manager and threatened him of murder, using the money for supaari, in case enquiry proceeds further. He went to the management witnesses and repeated the act. He was caught hold of by the security and handed over to the police. This fellow was suspended and a seperate enquiry followed. We dismissed him from service as a cumulative punishment for both the cases. Regards KK Nair
From India, Bhopal
From India, Bhopal
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt