Mr. Aman,
First of all, it is to be pondered upon whether there is any deadline fixed on paper about deposit of cheque? Secondly, if the cheque was deposited with wrong number within one or two days of receipt and returned due to clerical mistake, where is the question of deadline? Thirdly, is your MD perfect that he does not make any mistake? Fourthly, your request for case law, any section etc., is quite absurd. Each bit of minor things are not described in law or case laws, unless specifically taken up with cogent reasons by the affected person to get justice from the court of law, if unjustice is really done to him.
By the way what will you do with the case law, any section etc.? Do you have any power to enforce some one else case law on the case of your accountant? Also, do you have the power to enforse any case law not related to your accountant's case on your MD or can compel him to follow your advice?
You need to simply see the terms and conditions of appointment of the accountant. If there is no such provision to impose penalty on such an instance os mistake and the mistake is not intentional on the part of the account, just pin point that to your MD. However, if your MD has given the order of penalty in writing, irrespective of that being wrong, better comply that. Let the accountant take up appropriately with the MD. As a subordinate, you should not try to impose your wishes on your MD.
From India, Delhi
387First of all, it is to be pondered upon whether there is any deadline fixed on paper about deposit of cheque? Secondly, if the cheque was deposited with wrong number within one or two days of receipt and returned due to clerical mistake, where is the question of deadline? Thirdly, is your MD perfect that he does not make any mistake? Fourthly, your request for case law, any section etc., is quite absurd. Each bit of minor things are not described in law or case laws, unless specifically taken up with cogent reasons by the affected person to get justice from the court of law, if unjustice is really done to him.
By the way what will you do with the case law, any section etc.? Do you have any power to enforce some one else case law on the case of your accountant? Also, do you have the power to enforse any case law not related to your accountant's case on your MD or can compel him to follow your advice?
You need to simply see the terms and conditions of appointment of the accountant. If there is no such provision to impose penalty on such an instance os mistake and the mistake is not intentional on the part of the account, just pin point that to your MD. However, if your MD has given the order of penalty in writing, irrespective of that being wrong, better comply that. Let the accountant take up appropriately with the MD. As a subordinate, you should not try to impose your wishes on your MD.
From India, Delhi
Hi Aman
First prepare to issue the charge sheet , stating his negligence of work and ask him to give his reply.
after receipt of his reply Conduct domestic enquiry, issue 2nd show cause letter ,then punishment order to be issued according to your standing order.
Regards,
Karthikeyan.S
From India, Madras
First prepare to issue the charge sheet , stating his negligence of work and ask him to give his reply.
after receipt of his reply Conduct domestic enquiry, issue 2nd show cause letter ,then punishment order to be issued according to your standing order.
Regards,
Karthikeyan.S
From India, Madras
Dear All,
Even if you charge sheet him and he accept his mistake and also accept the deduction and you do the deduction. You will have to show that the actual loss caused by the mistake amounted to that amount which you recovered from the Employee and for that you will have to keep the proof like cheque bounce slip. Because in Establishments you have to keep a register of Fines and the fines so collected have to be submitted with Labour Welfare Fund and that cannot be kept with the management. You may deduct the money actual lost but anything in access of that have to be shown in the register and need to be deposited with Labour Welfare Fund. Just another food for thought.
From India, New Delhi
Even if you charge sheet him and he accept his mistake and also accept the deduction and you do the deduction. You will have to show that the actual loss caused by the mistake amounted to that amount which you recovered from the Employee and for that you will have to keep the proof like cheque bounce slip. Because in Establishments you have to keep a register of Fines and the fines so collected have to be submitted with Labour Welfare Fund and that cannot be kept with the management. You may deduct the money actual lost but anything in access of that have to be shown in the register and need to be deposited with Labour Welfare Fund. Just another food for thought.
From India, New Delhi
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