(1) Charge-sheet:
If a prima facie case has been established and the offence is quite
serious, a charge-sheet may be prepared on the basis of the allegations made.
It should be in writing, detailing the allegations of misconduct. It should
also indicate the time within which the workmen charge-sheeted should submit
his explanation.
(2) Suspension
Where, in the interest of discipline, the shutting out of the
charge-sheeted workman is necessary, the employee should be suspended. He is to
get wages for the period of suspension if so provided in the standing orders.
(3) Service of charge-sheet
If the workman is present, charge- sheet should be handed over to him
in the presence of witness after explaining the contents of it in a language
known to him.
If the delinquent workman is absent or refuses to accept the
charge-sheet, it should be sent to his last address under registered post with
acknowledgement due. If he refuses to accept it or if it comes back undelivered
otherwise, the charge- sheet has to be published in a local newspaper with wide
circulation.
(4) Explanation
The explanation given by the worker within the given time has to be
considered
(5) Notice of enquiry
If the explanation is found unsatisfactory, a notice giving the time,
place and date of the enquiry together with the name of the enquiry officer has
to be served on the worker.
The enquiry officer must not be the one who has issued the charge-sheet
because it is a principle of natural justice that a person is disqualified to
act as a judge if he is-a party to the dispute.
(6) Enquiry
At the appointed time, on the appointed date and place the enquiry will
commence by the enquiry officer in the presence of charge-sheeted workman.
At the commencement of the enquiry the enquiry officer should explain
the charge-sheet to the worker. If the charge-sheeted workman pleads innocence,
the enquiry should be preceded. If he pleads guilty in writing, the enquiry
need not be preceded.
(7) Fact-findings
On completion of the enquiry, the enquiry officer is required to submit
his findings to the authority authorized to take disciplinary action. He should
state in his report the charges as well as the explanations given to them. The
enquiry officer should not recommend any punishment in his findings.
(8) Decision
The higher management, such as works manager or director, for taking
disciplinary action shall consider the findings and if he accepts the findings
of guilt, he should inflict appropriate punishment in accordance with the standing
orders.
(9) Service of the order
Any order of punishment should be served on the charge-sheeted workman
and this completes the procedure for domestic enquiry.
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