Legal Analyst, Hrm
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Generalist Hr
+2 Others

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I hope you find the attached presentation useful.
As HR professionals one of the areas where we can help most is supporting managers who have to discipline an employee.
Managers need support and guidance throughout the disciplinary process. Many managers are inexperienced in such matters and this can lead to basic mistakes being made - which in turn can lead to messy legal claims against the company.
The attached presentation can be used by HR managers to lead a training session for managers.

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File Type: pdf Carrying out Disciplinary Interviews.pdf (679.9 KB, 1236 views)

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Dear Friend Ranjit Das

I liked your enthusiasm and creativity; but I have certain queries and opinions.

Can you explain what you mean by "Disciplinary Interview" ?

Is it different from Disciplinary Enquiry ?

Are you aware of the formal disciplinary procedures as adopted by Indian companies (PSU and large Public companies) ?

For those covered under the S.O. Acts, disciplinary procedure is always codified in the approved registered Standing Orders.

For executive/managers not covered under S.O., there is a seprate Conduct and Discipline rules.

Both are based on the principle of Natural Justice and are quasi-judicial in nature.

Did you study any real-life organization before making the attached document, or was it just "armchair" research ?

I am afraid, that your well-prepared document will not be applicable in real life and in real companies, as there is a system of formal disciplinary procedure.

Do you have any industry experience or you have just been an "HR Theorist" ?

I do not think there would be any takers of your work; except may be a few MNC's or IT companies; who in any case do not function on ground realities.

I seriously recommend that you get your write-up vetted by a legal expert dealing in labour laws or seasoned HR professionals.

It is one thing to talk and write about HRD activities like Motivation, Succession Planning, Leadership Development etc. and quite another to deal in areas bordering on Indian Laws and Acts.

Please be careful, where you tread. You can call it a "Productivity Interview, or Productivity Counselling or Discipline Counselling" but do not call it as 'carrying out Discipline' because in Indian industries, discipline is not managed in the academic way that you have proposed.

Kindly do not come out, next time, with your own concept of how Bonus should be distributed or Maternity Leave is to be managed. Please study which areas of HR can be modified/improved/changed and which areas are out of bounds of any XYZ consultant and/or require compliances with Govt. rules.

Warm regards.
Dear Ranjith
Good effort! and you have been able to put a nice presentation highlighting a new approach to Discipline and Disciplinary Action in organisations. However, for clarity purpose some additional points are missing like
1. It is mainly for non-unionised and managerial persons.
2. It also take in to account the existing SO of the company and Principles of Natural Justice.
3. The more emphasis is on avoidance then corrective action than punitive measures.
You can improve on your presentation by taking all these inputs.
Mr. Ranjit. i Wanted to know are u working somewhere or studding in any institute. i will go with Mr. Rajkumar’s qoute. Be mature my friend & come up with the real evidence Thnx Bala Panmand
Dear Rajkumar,

I have been conducting Disciplinary Inquiries, as an Inquiring Authority, as well as defending Charge-sheeted people, as a Defence Counsel, since the year 1980.

In the present context your point is quite valid in so far as the document neither represents the disciplinary inquiry procedure, nor actually the title of the paper is correct.

In fact, in any disciplinary case, question of any interview does not arise. The delinquents and witnesses are not called for any interview, rather for the purpose of investigation. The present practice of investigation, however, is quite unfair, as irrespective of whether some one has committed any irregularity or crime, he or she is treated as a culprit and the trend of investigation is adopted on similar lines. Not even the delinquent, but also the witnesses are called just for grilling purpose taking for granted as if all of them have committed the worst of crime in the history. No such method, as descibed in the paper is adopted by any investigator during investigation.

However, the procedure listed in the document of course can well be applied in preliminary investigations (not in regularly set up inquiries under the SO or the Conduct & Discipline Rules of the organisation, which are of quasi-judicial nature).

As regards the title of the paper, of course it is a misnomer. In view of its contents the title of the paper should have been like "Conduct of Investigation in Disciplinary Cases."

Hope you would like to agree on my suggestion.

P S Dhingra

Vigilance & Management Consultant

Dhingra Consultancy Group, New Delhi

(M) 09968076381

Dear Mr. Dhingra
Thank you Sir, for highlighting certain vital aspects of standard/model Disciplinary Procedure, among other things; in your post.
I agree with you in totality.
This forum would benefit immensely from your long experience in Govt/Public Sector; especially in the area of Legal Compliances as well as legally-compliant and fair HR processes which brings credibility to the Employer (very useful in employer-branding) and improving the Quality of Work Life of the Employee (by bringing about a sense of human dignity through the principles of natural justice); thus benefiting the Organization as a whole.
With admiration and warm regards.
Thanks Mr. Raj Kumar for your compliments. In fact, during my service I supported only natural justice, irrespective of whether in a position of a disciplinary authority, or inquiring authority or as a defence counsel. I am proud of having not worked under pressure of any higher authority any time till retirement. My methods of probing had been quite different than any investigating or inquiring authority in a bid to bring out real fact behind the case. With this quality of mine, I could get a lot of respect and efficiency from the subordinate executives.
Anyway thanks again
P S Dhingra

Hi everybody.

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