dear sir,
one of our employee has stolen 400ml alcohol from our lab and caught red handed in the main gete of the factory while going out from duty.
he was chargesheeted in the above said tyheft case as per standing order of the company and chargesheet was issued to him .in reply to the said chargesheet the deliquent employee admits the charge and given in writting that he has stolen the alcohol .not satisfied with his answer and enquiry was initiated by disciplinary authority.in the enquiry he admits the charge.at this point of time whether enquiry officer should continuedenquiry or conclude the enquiry here itself and further proceding should be stop?
kindly advise.please.
manager(H.R.)
From India, Bangalore
1one of our employee has stolen 400ml alcohol from our lab and caught red handed in the main gete of the factory while going out from duty.
he was chargesheeted in the above said tyheft case as per standing order of the company and chargesheet was issued to him .in reply to the said chargesheet the deliquent employee admits the charge and given in writting that he has stolen the alcohol .not satisfied with his answer and enquiry was initiated by disciplinary authority.in the enquiry he admits the charge.at this point of time whether enquiry officer should continuedenquiry or conclude the enquiry here itself and further proceding should be stop?
kindly advise.please.
manager(H.R.)
From India, Bangalore
When the Person has accepted the Mistake,, What is the need to continue the Enquiry,,, take the next step....
From India, Coimbatore
From India, Coimbatore
Dear Mitesh
The objective of holding enquiry is to investigate in to the charges as levelled in the charge sheet and then reach to a conclusion on the basis of the evidence as adduced during the course of enquiry. Here in your case the chargesheeted employee has accepetd the charges levelled against him. Under these circumstances the enquiry comes to and end. The Enquiry Officer will write in the proceedings that since the chargesheeted employee has accepted the charges levelled against him , the enquiry is hereby comes to an end and is closed.
Mohan.
From India
The objective of holding enquiry is to investigate in to the charges as levelled in the charge sheet and then reach to a conclusion on the basis of the evidence as adduced during the course of enquiry. Here in your case the chargesheeted employee has accepetd the charges levelled against him. Under these circumstances the enquiry comes to and end. The Enquiry Officer will write in the proceedings that since the chargesheeted employee has accepted the charges levelled against him , the enquiry is hereby comes to an end and is closed.
Mohan.
From India
Dear friends
Eventhough the chargesheeted employee accepted the misconduct the
Enquiry Officer has to record the statement from the management side,
and he has to give his final judgement. Most of the times the affected
employee will deny the case after enquiry and will go further to the
Labour Officer or other higher labour authorities stating that the
management has taken falls / one side decision and punishing him . That
time the statement and the evidence collected from the from the
management side will support.
Hence getting reports/ evidence and witness from both side is essential
in the enquiry.
Regards
alphonse :lol: :lol: :lol:
GTE
From India, Madras
Hi Mitesh,
Here it is not clear that which Chargeshhet is issued -
Is it Chargesheet : 14
is it chargesheet :16
As per the gravity of the case if the tenure of the employee witht the organisation is big you can give him Punishments like
Withhold increment for Next couple of years.
To demote him.
See the refrences of previous cases. As per my view it is Gross Misconduct . See if just to save somebody -else, is he admitting the charge.
Regards,
Tikam S Shekhawat
From India, Pune
Here it is not clear that which Chargeshhet is issued -
Is it Chargesheet : 14
is it chargesheet :16
As per the gravity of the case if the tenure of the employee witht the organisation is big you can give him Punishments like
Withhold increment for Next couple of years.
To demote him.
See the refrences of previous cases. As per my view it is Gross Misconduct . See if just to save somebody -else, is he admitting the charge.
Regards,
Tikam S Shekhawat
From India, Pune
Hi Mitesh,
In your question there are many other details missing which needs to be clarified.
1. what is his past record of discipline?
2. what is his length of service in the orgn.?
3. What is his age ?
4. What are his qualification?
5. What are his past ratings in ACR?
6. Is he a sincere and hard worker?
7. Did any union fellow came to the management to seek pardon for him on some grounds?
8. How many children he has ?
9. if the management decides to terminate his service is there any chance of industrila unrest?
10. Charge sheet was issued for minor penalty or major penalty?
11. does the standing orders provide different procedures for the above two types of penalty?
12. if yes, which procedure has been followed?
13. Supreme Court's decision support mgmt. action of 'dismissal from service" in such cases. Consult your law department and have their legal opinion on above points.
14. Punsihment of "dismissal from service" is in my opinion punishment to the family of the employee. No mgmt. would like to do that unless circumstances so warrant.
15. If charge sheet is for major penalty then mgmt. must proceed with the enquiry.
16. If charge sheet is minor penalty then the case can be closed by the Enquiry Officer and he can submit his report to the disciplinary authority.
17 The disciplinary authority should apply its mind before deciding on the punishment and give its reasons for deciding so.
Hope the above clarifies the position.In case any doubt still exists in your mind your are welcome to revert back.
regards,
Yours Truly,
Satish Kumar
Head of HR
NTPC Foundation,
Noida
From India, Delhi
In your question there are many other details missing which needs to be clarified.
1. what is his past record of discipline?
2. what is his length of service in the orgn.?
3. What is his age ?
4. What are his qualification?
5. What are his past ratings in ACR?
6. Is he a sincere and hard worker?
7. Did any union fellow came to the management to seek pardon for him on some grounds?
8. How many children he has ?
9. if the management decides to terminate his service is there any chance of industrila unrest?
10. Charge sheet was issued for minor penalty or major penalty?
11. does the standing orders provide different procedures for the above two types of penalty?
12. if yes, which procedure has been followed?
13. Supreme Court's decision support mgmt. action of 'dismissal from service" in such cases. Consult your law department and have their legal opinion on above points.
14. Punsihment of "dismissal from service" is in my opinion punishment to the family of the employee. No mgmt. would like to do that unless circumstances so warrant.
15. If charge sheet is for major penalty then mgmt. must proceed with the enquiry.
16. If charge sheet is minor penalty then the case can be closed by the Enquiry Officer and he can submit his report to the disciplinary authority.
17 The disciplinary authority should apply its mind before deciding on the punishment and give its reasons for deciding so.
Hope the above clarifies the position.In case any doubt still exists in your mind your are welcome to revert back.
regards,
Yours Truly,
Satish Kumar
Head of HR
NTPC Foundation,
Noida
From India, Delhi
As stated by you, in the given situation the delinquent employee had stolen 400 ml of alcohol from the lab and was caught at the gate. He was chargesheeted and in response to the charges he pleaded guilty. Still an enquiry has been ordered and in the preliminary stage of enquiry the employee has admitted to the charge.
As per disciplinary procedures, no further enquiry is required if a minor penalty is envisaged. However, if a major penalty is a possibility, it would be advisable to go for a detailed enquiry as per the Company disciplinary procedure.
Ashok
From India, Bhubaneswar
As per disciplinary procedures, no further enquiry is required if a minor penalty is envisaged. However, if a major penalty is a possibility, it would be advisable to go for a detailed enquiry as per the Company disciplinary procedure.
Ashok
From India, Bhubaneswar
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