Dear All, Please guide on this issue:- What will be the timeline for completing suspension pending domestic enquiry. Regards, SANJAY SAXENA
From India, Ghaziabad
From India, Ghaziabad
30 days however, in a situation where inquiry extended due to fact finding on unavaoidable situation, timelime can be up to 90 days
From India, Ahmadabad
73From India, Ahmadabad
Sir,
Thank sir but I would like to know if the enquiry officer has submitted his report and we have seek the comments of suspended employee on his report also, upto how much time we can hold the judgement. The employees is being suspended since 28 March 2013.
Regards,
SANJAY SAXENA
From India, Ghaziabad
Thank sir but I would like to know if the enquiry officer has submitted his report and we have seek the comments of suspended employee on his report also, upto how much time we can hold the judgement. The employees is being suspended since 28 March 2013.
Regards,
SANJAY SAXENA
From India, Ghaziabad
ssaxena934, If you talk out Private Establishment then no Time Frame given for timeline of Domestic Enquiry.
From India, Pune
From India, Pune
There is no time limit but the subsistence allowance to which the employee under suspension has been fixed under Industrial Establishments (Standing Order) Act and Payment of Subsistence Allowances Act (a State Act). As per these Acts, if the suspension continues beyond 90 days, the subsistence allowance will become 75% of salary (till 90 days it is 50% of salary)The Kerala Payment of Subsistence Allowance Act also says that if the suspension is continued beyond 180 days, then the employee would be eligible to 100% salary. That means, the enquiry should be carried out as soon as possible so as to avoid payment of such allowances which is paid without getting service from the employee.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Madhu Sir and all respected members,
Thanks indeed for clarity, grateful for your valued feedback. Can an employees can file any case on management for not giving any judgement keeping in view the all necessary disciplinary proceedings has been completed and the management is not responding to employee of its judgement.
Kindly guide.
Regards,
From India, Ghaziabad
Thanks indeed for clarity, grateful for your valued feedback. Can an employees can file any case on management for not giving any judgement keeping in view the all necessary disciplinary proceedings has been completed and the management is not responding to employee of its judgement.
Kindly guide.
Regards,
From India, Ghaziabad
Sorry, I didn't get you. If you mean to say that management has followed the procedures and conducted enquiry but has not served copy of the enquiry report (judgement) then I would say that management is bound to serve a copy of the enquiry report to the employee and let him know what is the decision of the management based on the report. Then only the enquiry will be complete. In that letter the management will say what is the punishment, say termination, reduction inn grade etc, and shall also ask the employee to show cause (second show cause notice) why the said punishment should not be given to him. Termination or such other punishment shall be enforced after getting the reply to this letter only. In the absence of these formalities, the termination shall become illegal.
However, not providing copy of the enquiry report and not giving another opportunity to show cause based on enquiry report shall not vitiate the enquiry if the enquiry has been held in proper way following the procedures and following the principles of natural justice, that is to say, after giving complete opportunities to the delinquent to defend his charges, as was decided in a very recent case in Jharkand High Court [ Rajendra Prasad Sinha Vs Presiding Officer, Labour Court, Jamshedpur and others(2013 LLR956)] Therefore, if everything is genuinely followed and proof in support of the charges have been presented then communication of the decision, termination, would be sufficient and the court will not interfere in that decision of the management.
Madhu.T.K
From India, Kannur
However, not providing copy of the enquiry report and not giving another opportunity to show cause based on enquiry report shall not vitiate the enquiry if the enquiry has been held in proper way following the procedures and following the principles of natural justice, that is to say, after giving complete opportunities to the delinquent to defend his charges, as was decided in a very recent case in Jharkand High Court [ Rajendra Prasad Sinha Vs Presiding Officer, Labour Court, Jamshedpur and others(2013 LLR956)] Therefore, if everything is genuinely followed and proof in support of the charges have been presented then communication of the decision, termination, would be sufficient and the court will not interfere in that decision of the management.
Madhu.T.K
From India, Kannur
Sir, really excellent feedback.
Respected Madhu Sir,
Sir, I have a case related to me and need your expert opinion. Yesterday tried to find your e-mail but failed. Could you please give me your mail ID so that I will annexed the case detail and seek your expert inputs.
Shall be grateful.
Regards
SANJAY SAXENA
From India, Ghaziabad
Respected Madhu Sir,
Sir, I have a case related to me and need your expert opinion. Yesterday tried to find your e-mail but failed. Could you please give me your mail ID so that I will annexed the case detail and seek your expert inputs.
Shall be grateful.
Regards
SANJAY SAXENA
From India, Ghaziabad
I would encourage you to share it here itself because you will get advices from many people other than me and through personal mails you can only get my opinion on the subject which may not be true always since I am not an expert in these matters. Still I share my Id which I think is available in my profile itself. 
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hello Sanjay,
Learned follower Mr. Madhu has explained you the procedure in detail. I would like to add a few points :-
1. The disciplinary proceedings are conducted as per provisions of Certified Standing Orders applicable in any Organization/Estb. In its absence, Model Standing Order applies.
2. There is no time limit specified in writing for completing inquiry proceedings. It depends upon placement of facts, documents, witnesses, their examination, cross-examination, examination-in-chief by the parties i.e. by Co-Worker and Management Representative who act as Advocates for the Accused Workman and the Management.
3. If the suspension continues beyond the period as specified in the Standing Orders applicable, the Accused workman is entitled for Subsistence allowance @ prescribed therein. It enhances after a given period upto 75% if the inquiry is being delayed for lapses on the part of management or the Inquiry Officer(IO), it may also be reduced to 25% if the inquiry is delayed due to fault/non-cooperation of Accused workman. All these provisions are given in Model/Certified Standing Orders.
4. On completion of inquiry, the IO submits a report / his findings to the Disciplinary Authority(DA), who examines the proceedings and findings. Then he recommends for major/minor punishment/penalty as per the gravity of the charges proved or exonerates the accused workman if charges not proved. His recommendation is approved by the CEO/Unit Head and Office Order is issued accordingly.
5. The Accused workman should be given a copy of inquiry proceedings during the inquiry process or after the completion of inquiry. He need not be given copy of findings or final recommendation of DA.
6. The workman, if aggrieved by the Order, can make an appeal to Unit Head or any such authority to whom the power is delegated for review. The Authority shall consider his application and may or may not reduce the penalty / punishment imposed.
7. Thereafter, if the Accused workman is not satisfied, he may take shelter of law machinery, if so desired. There is no stopping him from doing so.
Best wishes.
AK Jain
HR Personnel
NCL, CIL.
From India, Jabalpur
Learned follower Mr. Madhu has explained you the procedure in detail. I would like to add a few points :-
1. The disciplinary proceedings are conducted as per provisions of Certified Standing Orders applicable in any Organization/Estb. In its absence, Model Standing Order applies.
2. There is no time limit specified in writing for completing inquiry proceedings. It depends upon placement of facts, documents, witnesses, their examination, cross-examination, examination-in-chief by the parties i.e. by Co-Worker and Management Representative who act as Advocates for the Accused Workman and the Management.
3. If the suspension continues beyond the period as specified in the Standing Orders applicable, the Accused workman is entitled for Subsistence allowance @ prescribed therein. It enhances after a given period upto 75% if the inquiry is being delayed for lapses on the part of management or the Inquiry Officer(IO), it may also be reduced to 25% if the inquiry is delayed due to fault/non-cooperation of Accused workman. All these provisions are given in Model/Certified Standing Orders.
4. On completion of inquiry, the IO submits a report / his findings to the Disciplinary Authority(DA), who examines the proceedings and findings. Then he recommends for major/minor punishment/penalty as per the gravity of the charges proved or exonerates the accused workman if charges not proved. His recommendation is approved by the CEO/Unit Head and Office Order is issued accordingly.
5. The Accused workman should be given a copy of inquiry proceedings during the inquiry process or after the completion of inquiry. He need not be given copy of findings or final recommendation of DA.
6. The workman, if aggrieved by the Order, can make an appeal to Unit Head or any such authority to whom the power is delegated for review. The Authority shall consider his application and may or may not reduce the penalty / punishment imposed.
7. Thereafter, if the Accused workman is not satisfied, he may take shelter of law machinery, if so desired. There is no stopping him from doing so.
Best wishes.
AK Jain
HR Personnel
NCL, CIL.
From India, Jabalpur
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