How to conclude the TWO Inquiries when a workmen is accused of a two similar nature of misconduct by two different EO & PO’s
From India, undefined
2From India, undefined
according to Double jeopardy, one cannot get punished twice for for same misconduct,
if there are two separate instances and two separate inquires in different time lines then both should impose the same punishment according to prevailing standing orders.
Better to have a single inquiry if the misconducts occur at same time and of similar nature, will save time and ctc
also try and give a single conclusion for both to avoid any legal issues.
From India, undefined
if there are two separate instances and two separate inquires in different time lines then both should impose the same punishment according to prevailing standing orders.
Better to have a single inquiry if the misconducts occur at same time and of similar nature, will save time and ctc
also try and give a single conclusion for both to avoid any legal issues.
From India, undefined
Completion of Domestic Enquiry is left to the wisdom of Enquiry Officer.Employer has no role in giving directions to the Enquiry officer.Why 2 Charge sheets have been issued for Similar Misconducts? why 2 Domestic Enquiries instituted against Charge sheeted Employee? are you an Employer? please give details
From India, New Delhi
From India, New Delhi
The question is vague and hypothetical. If the dates of the occurrence of the similar misconduct varies there is no harm in having given two charge sheets, provided the 2nd occurrence happened after the issuance of the first charge sheet. In domestic enquiry the principles of natural justice should be followed and after the finding of the Enquiry officers are received a copy of the same should be issued to the accused worker. If the misconducts are similar in nature the disciplinary authority can club the charge sheets and the domestic enquiries and propose a punishment taking into account the nature of both the charge sheets. Further details are required to give detailed procedure.
M Venkatraghavan
From India, Selam
M Venkatraghavan
From India, Selam
It appears the accused had committed/repeatedly the very same type of offence, say for e.g. a night watchman was found napping while on duty on two different dates. In which case there can be combined SCN for offence committed by him on both days and tried which will render a combined punishment when proved guilty. There need not be two different inquiries. On the other hand one occasion he was found napping while on duty and the other day he was caught redhanded while stealing co's property. Since these are two different offences, there can be two SCN/charge sheets and two inquiries can go on.
From India, Bangalore
From India, Bangalore
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt