---“Principles of Natural Justice- Core and Crux of Disciplinary Action”---
The Twin Principles of Natural Justice is the Core/the Crux of Disciplinary Action for Acts of Misconduct such as Sexual Harassment of Women at Workplace.
The Twin Principles of Natural Justice do serve as “Beacon-Light or Lighthouse” especially in the following situations:-
1. Whenever the Employers of Organizations contemplate or decide to initiate Disciplinary Action* for Acts of Misconduct on the part of
Employed Persons;
2. Whenever the Inquiry Officer or the Inquiry Committee appointed by the Employer/Punishing Authority commences, conducts and
concludes the Inquiry Proceedings after giving all reasonable Opportunities;
3. Whenever the Internal Committee* commences, conducts and concludes their Proceedings into Sexual Harassment Complaints forwarded
to them for necessary action;
4. Whenever the Employer “Applies his/her Mind” to the Inquiry Report with Findings while discharging “Responsibility” to take appropriate
Proportionate Punishment or Condoning.
The Twin Principles of Natural Justice, as understood by Kritarth Team*, are:
• Nemo debet esse judex in propria causa,
• Audi alteram partem
While the First Principle, as we understood, means “No Person shall be a Judge in his/her own Cause”, the entwined Second Principle states, “Hear the Other Side”, that No Person can be condemned unheard, that the Person should get a Fair Hearing and reasonable opportunity to defend himself/herself which includes a chance to prove his/her innocence.
In this connection, as in our records, our Honourable Supreme Court has observed that no person can be a judge in his own case and No Witness can certify that his testimony is true. Anyone who has a personal stake in the Inquiry must keep himself aloof from the conduct of Inquiry.
Note: (*Disciplinary Action for Acts of Misconduct on the part of an Employed Person as per the Certified Standing Orders applicable to Industrial Establishments Or the Codified Service Rules as applicable to Commercial Establishments and Issue Order for Domestic /Internal/Departmental/Managerial Inquiry, as it were by Appointing an Inquiry Officer or Inquiry Committee and asking for Inquiry Report with definite and Conclusive Findings only after completing pre-Inquiry Action-Steps of i) Issuing the Charge-Sheet/ Explanation Letter /Show Cause Notice; ii) Receiving Written Explanation and iii) Finding the Explanation-in-defence, Not Acceptable).
It is incumbent on the part of the Employer, the Inquiry Officer or the Inquiry Committee and especially the Internal Committee to “Fully Apprise” the “Parties” present in the ongoing Inquiry Proceedings so that each Participant acts diligently.
Kritarth Team Welcomes further enlightenment on understanding and Practice of these Cardinal Principles.
Harsh Kumar Sharan,
For Kritarth Team,
29th July 2018
From India, Delhi
200The Twin Principles of Natural Justice is the Core/the Crux of Disciplinary Action for Acts of Misconduct such as Sexual Harassment of Women at Workplace.
The Twin Principles of Natural Justice do serve as “Beacon-Light or Lighthouse” especially in the following situations:-
1. Whenever the Employers of Organizations contemplate or decide to initiate Disciplinary Action* for Acts of Misconduct on the part of
Employed Persons;
2. Whenever the Inquiry Officer or the Inquiry Committee appointed by the Employer/Punishing Authority commences, conducts and
concludes the Inquiry Proceedings after giving all reasonable Opportunities;
3. Whenever the Internal Committee* commences, conducts and concludes their Proceedings into Sexual Harassment Complaints forwarded
to them for necessary action;
4. Whenever the Employer “Applies his/her Mind” to the Inquiry Report with Findings while discharging “Responsibility” to take appropriate
Proportionate Punishment or Condoning.
The Twin Principles of Natural Justice, as understood by Kritarth Team*, are:
• Nemo debet esse judex in propria causa,
• Audi alteram partem
While the First Principle, as we understood, means “No Person shall be a Judge in his/her own Cause”, the entwined Second Principle states, “Hear the Other Side”, that No Person can be condemned unheard, that the Person should get a Fair Hearing and reasonable opportunity to defend himself/herself which includes a chance to prove his/her innocence.
In this connection, as in our records, our Honourable Supreme Court has observed that no person can be a judge in his own case and No Witness can certify that his testimony is true. Anyone who has a personal stake in the Inquiry must keep himself aloof from the conduct of Inquiry.
Note: (*Disciplinary Action for Acts of Misconduct on the part of an Employed Person as per the Certified Standing Orders applicable to Industrial Establishments Or the Codified Service Rules as applicable to Commercial Establishments and Issue Order for Domestic /Internal/Departmental/Managerial Inquiry, as it were by Appointing an Inquiry Officer or Inquiry Committee and asking for Inquiry Report with definite and Conclusive Findings only after completing pre-Inquiry Action-Steps of i) Issuing the Charge-Sheet/ Explanation Letter /Show Cause Notice; ii) Receiving Written Explanation and iii) Finding the Explanation-in-defence, Not Acceptable).
It is incumbent on the part of the Employer, the Inquiry Officer or the Inquiry Committee and especially the Internal Committee to “Fully Apprise” the “Parties” present in the ongoing Inquiry Proceedings so that each Participant acts diligently.
Kritarth Team Welcomes further enlightenment on understanding and Practice of these Cardinal Principles.
Harsh Kumar Sharan,
For Kritarth Team,
29th July 2018
From India, Delhi
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