What is the time limit of submission of Findings/Report of the Enquiry Officer? Can a employer start proceure of enquiry after one year from the date of suspension ? Please clarify.
From India, Delhi
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1From India, Delhi
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I have across some cases wherein if an employee has satisfactory or poor marked in his/her APR for two consecutive years then his services can be dispensed off. This is not a healthy sign.
From India, Delhi
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From India, Delhi
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Dear friend,
First, as far as I know, no employment law prescribes any time limit for disciplinary proceedings in totality or stage by stage. Of course, service regulations of any organization may provide for such checks for the sake of expeditious disposal of disciplinary cases.
Second, in such a situation, the employer may defend himself on the plea of gathering sufficient evidence against the suspended employee. It depends. However, if the employee is not paid subsistence allowance at the rates applicable, it will certainly vitiate the entire disciplinary proceedings later in judicial review.
From India, Salem
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First, as far as I know, no employment law prescribes any time limit for disciplinary proceedings in totality or stage by stage. Of course, service regulations of any organization may provide for such checks for the sake of expeditious disposal of disciplinary cases.
Second, in such a situation, the employer may defend himself on the plea of gathering sufficient evidence against the suspended employee. It depends. However, if the employee is not paid subsistence allowance at the rates applicable, it will certainly vitiate the entire disciplinary proceedings later in judicial review.
From India, Salem
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Dear Clarification-Seeker, from Delhi,
Your Point: "What is the time limit of submission of Findings/Report of the Enquiry Officer? Can any employer start proceedings/procedure of Enquiry after one year from the date of suspension? Please clarify.
Kritarth Team of Inquiry Officers offers the following clarifications:
"As per the Honourable Supreme Court of India, Domestic/Departmental/Managerial Inquiry Proceedings must be concluded/completed within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame, then efforts should be made to conclude within a reasonably extended period depending upon the cause and the nature of the inquiry but not more than a year.
It is noteworthy that the judgment of our Supreme Court of India is to be treated as law legislated by our India's Parliament under Article 141 of the Constitution of India.
Kritarth Team of Professional Inquiry Officers and Practitioners deems it our duty to quote the relevant extract of the Supreme Court's above-referred judgment of 16th December 2015 as under:
"...Time and again, this Court has emphasized that it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures... In cases where the delinquent is placed under suspension during the pendency of such inquiry, then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any delay. It should be concluded within six months as an outer limit."
"Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame, then efforts should be made to conclude within a reasonably extended period depending upon the cause and the nature of the inquiry but not more than a year."
The said guidelines in the aforesaid judgment in respect of Civil Appeal No 958 of 2010 must thus and therefore be followed by every employer, in letter and spirit, faithfully and properly.
Kritarth Team has always adhered to the said order in all Domestic Inquiries for which the employers across India appointed us the Inquiry Officer with yet another advantage that our team conducts the inquiries within the shortest possible time and within the lowest possible cost strictly in accordance with the twin principles of natural justice.
Kritarth Team,
11th August 2018
From India, Delhi
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Your Point: "What is the time limit of submission of Findings/Report of the Enquiry Officer? Can any employer start proceedings/procedure of Enquiry after one year from the date of suspension? Please clarify.
Kritarth Team of Inquiry Officers offers the following clarifications:
"As per the Honourable Supreme Court of India, Domestic/Departmental/Managerial Inquiry Proceedings must be concluded/completed within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame, then efforts should be made to conclude within a reasonably extended period depending upon the cause and the nature of the inquiry but not more than a year.
It is noteworthy that the judgment of our Supreme Court of India is to be treated as law legislated by our India's Parliament under Article 141 of the Constitution of India.
Kritarth Team of Professional Inquiry Officers and Practitioners deems it our duty to quote the relevant extract of the Supreme Court's above-referred judgment of 16th December 2015 as under:
"...Time and again, this Court has emphasized that it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures... In cases where the delinquent is placed under suspension during the pendency of such inquiry, then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any delay. It should be concluded within six months as an outer limit."
"Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame, then efforts should be made to conclude within a reasonably extended period depending upon the cause and the nature of the inquiry but not more than a year."
The said guidelines in the aforesaid judgment in respect of Civil Appeal No 958 of 2010 must thus and therefore be followed by every employer, in letter and spirit, faithfully and properly.
Kritarth Team has always adhered to the said order in all Domestic Inquiries for which the employers across India appointed us the Inquiry Officer with yet another advantage that our team conducts the inquiries within the shortest possible time and within the lowest possible cost strictly in accordance with the twin principles of natural justice.
Kritarth Team,
11th August 2018
From India, Delhi
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Dear Kritarth Team, Thanks for the detailed answer. But there is another point, Can inquiry proceedings start against an employee after 1 year of his/her suspension ?
From India, Delhi
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From India, Delhi
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Once any Disciplinary Action - Steps, namely, Charge Sheet, Show Cause Notice, or Explanation Letter, is issued to an Employee alleging an Act of Misconduct within the Meaning of Standing Orders or the Service Rules applicable to him or her, and he or she has been put on Suspension Pending Inquiry, the Inquiry must commence, be conducted, and concluded by the Inquiry Officer or the Inquiry Committee appointed for the purpose. This should be done in accordance with the prescribed Principles of Natural Justice and the Procedures set for such Departmental or Domestic Inquiry. The Inquiry Report should then be submitted to the Appointing Authority or Punishing Authority for them to apply their mind and determine the Punishment, whether Proportionate or Condonation, as they deem fit and as the case may be, informing the Concerned Employee thereafter.
Thereafter, the Employer needs to decide whether the difference between the Subsistence Allowance disbursed should be reconciled or not.
Harsh K Sharan
Kritarth Team
12.8.18
From India, Delhi
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Thereafter, the Employer needs to decide whether the difference between the Subsistence Allowance disbursed should be reconciled or not.
Harsh K Sharan
Kritarth Team
12.8.18
From India, Delhi
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Dear Colleague,
Though no time limit is laid down by law, the E.O. must submit the report of findings within a reasonable period, and ordinarily, 3 months' time can be considered reasonable.
Suspension pending inquiry for a period of one year is, on the face of it, unjust and shows a vindictive attitude or lack of preparedness. If challenged in the labor court, it is very likely to be set aside and reversed.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Though no time limit is laid down by law, the E.O. must submit the report of findings within a reasonable period, and ordinarily, 3 months' time can be considered reasonable.
Suspension pending inquiry for a period of one year is, on the face of it, unjust and shows a vindictive attitude or lack of preparedness. If challenged in the labor court, it is very likely to be set aside and reversed.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Thanks Vinayak , For a precise reply. A very senior Accounts Officer near his retirement has meted out same fate.
From India, Delhi
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From India, Delhi
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Three months will be considered for any domestic enquriy. Suspension pending enquiry will be considered for 1 year but it is depend upon progress in enquiry.
From India, Mumbai
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From India, Mumbai
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Dear Team Members,
Kritarth Team of Professional Inquiry Officers and Practitioners deems it our duty to quote the relevant extract of the Supreme Court's Judgment of December 16, 2015.
May I request the team members to upload a soft copy of the aforementioned judgment to be referred to by Cite Community members.
Regards,
From India, Mumbai
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Kritarth Team of Professional Inquiry Officers and Practitioners deems it our duty to quote the relevant extract of the Supreme Court's Judgment of December 16, 2015.
May I request the team members to upload a soft copy of the aforementioned judgment to be referred to by Cite Community members.
Regards,
From India, Mumbai
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt