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Welcome! The purpose of this blog is to share information and knowledge on Departmental Inquiry. Consultancy guidance and training services are available.
Important: Every effort has been taken to provide relevant and up-to-date information, however I do not take any responsibility for any action taken on the basis of the tips/write-ups in this blog.

You may visit following blogs:
- 'Quality Concepts and ISO 9001:2008 QMS Awareness' at http://iso9001-2008awareness.blogspot.in/
- 'ISO 9001 QMS Awareness' Blog in Hindi at http://iso9001awareness.blogspot.in/
- 'EMS Awareness' Blog at http://emsawareness.blogspot.in/
- Blog on 'Forthcoming ISO 9001:2015 QMS Awareness' at http://qmsawareness.blogspot.in
With best wishes,

Sunday, March 8, 2015

FREQUENTLY ASKED QUESTION - 20




What will be the effect if the proposed punishment is mentioned in the charge-sheet as issued to an employee?

Mere mentioning of the proposed punishment in the charge-sheet will not cause any prejudice against an employer. On the contrary, a CE under the given circumstances will know the gravity of the misconduct alleged against him.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Friday, March 6, 2015

FREQUENTLY ASKED QUESTION - 19



Under what circumstances a labour court can alter the punishment awareded to an employee by his employer?

Under section 11-A of the Industrial Disputes Act,1947,a labour court (and also tribunal and national tribunal) has the power to alter punishment in those cases where the punishment is so harsh as to suggest victimization.

Section 11A in The Industrial Disputes Act, 1947 is as under:
"11A. 4 Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.]"

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Tuesday, March 3, 2015

FREQUENTLY ASKED QUESTION - 18



Is there any bar on initiating disciplinary proceedings (departmental inquiry) against an employee who is acquitted by a criminal court?

No. Acquittal of the accused employee in a criminal case is no bar for departmental inquiry or disciplinary proceedings. The degree or standard of proof required for conviction in a criminal prosecution should be such as to put beyond the pale of doubt the guilt of the accused..

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

FREQUENTLY ASKED QUESTION - 17



Is it essential that a charge-sheet should contain the actual words spoken by an employee for abusing his superior?

No doubt a charge-sheet should be specific and not vague. Where in a charge-sheet it has been stated that the employee has misbehaved and abused his superior in a filthy language, though the exact words of abuses were not extracted, the nature of the word has been indicated by the word 'filthy', it can not be said that the charge is completely unspecific as to the mode, manner and contents of the misconduct.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority