nathrao
3131

""The Officer is charged for technically recommending a party and also accepting the change in quoted price during tendering process done when he was an Workman."""
A workman does not have any such authority.
It looks like he is being made a scapegoat.
Case has no legal strength in its present form.

From India, Pune
Whatever may be the offence committed in whatever position during service is punishable as per the conduct and discipline rules applicable on the position hel by the employee held the time of serving charge sheet.
From India, Delhi
Sorry for my last careless post with wrong sentence. PLEASE READ THE SAID POST AS FOLLOWS:
Whatever may be the offence committed in whatever position during service of an employee is punishable as per the conduct and discipline rules applicable, as per the position held by him, at the time of serving the charge sheet.

From India, Delhi
Anonymous
Hello..
What, if an sr.officer is niether terminated on account of self abondend of her service(just company settled her dues in cluding Gratuity as per CDA rules,not issued termination letter) nor company conducted enquiry as per public sector organization's cda rules...?
Any provision to remove her from attendance/role/company as per Indian law OR Company must have obtained approvals from Board/vigilence/ministry to exercise un ethically.
Very high legal risk for company..?
Any such reference cases in India pls give your views & consequences to company and employee.
Tnx for your time.

From India, Bangalore
Dear Rajmrpl,

I fully endorse the view of Mr.Nathrao. Having said so, I also have to add that it is purely managerial politics in that the very promotion of the individual might be a ploy to make him a scapegoat in order to save someone else actually responsible and accountable as well for the alleged lapse. Any act of omission or commission that could be brought within the four corners of the term " misconduct " so defined in the rules, regulations etc applicable is the precursor to the disciplinary proceeding. When you are so sure that it was not at all an enumerated misconduct in the Standing Orders by virtue of his employment position at the time of the occurrence, why the management is bent upon fixing him after his promotion? From an ethical perspective, it is certainly not correct. However, in the legalistic approach, if the impact of the alleged lapse has several and long-lasting ramifications which compel disciplinary action on all involved, it is immaterial whether it is an enumerated misconduct or not for the reason that it could be an act of negligence on the incumbent's lower position and as such he can not resist it successfully. But what is important is that he alone shall not be punished just for hushing up the matter. In such an exercise satisfying both legal and moral norms, I would subscribe to the suggestion of Mr.Dhingra.

From India, Salem
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