Wanted to know whether speaking orders are issued only on major penalty proceedings and if yes what is the process for getting a speaking order for minor penalty proceedings
1
I think it would be appropriate to understand first what a " speaking order " actually means in the matter of disposal of disciplinary proceedings with punishment. A speaking order always speaks for itself. In other words, a speaking order is one that goes beyond the formal and sets out within itself the findings or the reasons for that order. In the realm of employment, a punishment, whether minor or major irrespective of its nature, inflicted upon an employee always has a stigma attached to it. The question of penalty or punishment is the finality of the findings of the Disciplinary Authority depending on the gravity of the misconduct alleged and its repurcussions on the organization. When the charges of misconduct is refuted, the order awarding punishment should be a speaking order, irrespective of the nature of penalty for the reason that the Disciplinary Authority is vested with discretion. Discretion is not a matter of personal whims and fancies. Therefore it requires a logical discussion for the final conclusion. Unequivocal admission of the charges of minor misconduct may be a different situation requiring a brief order of proportionate punishment. However, it does not mean that the order can merely be a cryptic one in the field of Administrative Justice. So, in my opinion, every order of punishment should be a speaking one.
From India, Salem
From India, Salem
What is a speaking order?
A speaking order is an order that speaks for itself. The order should be able to stand the test of legality, fairness and reason at all higher appellate forums. IN short, the order should have all details of the issue being determined, clear findings and a reasoned order. Such an order that literally speaks for itself is called a speaking order. Even the courts are required to give speaking orders except perhaps when the appeal is dismissed as the court agrees with the lower court.
For example for disciplinary proceeding under Civilian Conduct rules,the disciplinary authority has to issue a self-contained, speaking and reasoned orders conforming to the aforesaid legal requirements, which must indicate, inter-alia, the application of mind by the authority issuing the order.
Great thought,proper application of mind is a must while preparing a speaking order.
This practise will help prevent miscarriage of justice.
From India, Pune
A speaking order is an order that speaks for itself. The order should be able to stand the test of legality, fairness and reason at all higher appellate forums. IN short, the order should have all details of the issue being determined, clear findings and a reasoned order. Such an order that literally speaks for itself is called a speaking order. Even the courts are required to give speaking orders except perhaps when the appeal is dismissed as the court agrees with the lower court.
For example for disciplinary proceeding under Civilian Conduct rules,the disciplinary authority has to issue a self-contained, speaking and reasoned orders conforming to the aforesaid legal requirements, which must indicate, inter-alia, the application of mind by the authority issuing the order.
Great thought,proper application of mind is a must while preparing a speaking order.
This practise will help prevent miscarriage of justice.
From India, Pune
Dear Raj,
Irrepective of whether it is for major or a minor penalty, the order to impose a penalty on a person must be in speaking order, which in itself speaks to justify the proposed penalty with reference to each and every plea of the charge-sheeted employee as contained in his defence statement. In fact, in layman's language, a speaking order can be treated as a positive and/or negative commentary of the disciplinary authority on the points of defence of the charged employee in connection with the charge leveled against him.
From India, Delhi
Irrepective of whether it is for major or a minor penalty, the order to impose a penalty on a person must be in speaking order, which in itself speaks to justify the proposed penalty with reference to each and every plea of the charge-sheeted employee as contained in his defence statement. In fact, in layman's language, a speaking order can be treated as a positive and/or negative commentary of the disciplinary authority on the points of defence of the charged employee in connection with the charge leveled against him.
From India, Delhi
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