A particular scenario in which a chargesheeted employee after a domestic enquiry is found guilty of the charges which happen to be very serious in nature. In view of the past disciplinary actions against the employee, the number of punishments awarded earlier, gravity of the misconduct etc, the employee is awarded the major penalty of "Removal from service which does not disqualify for future employment" as per the certified standing orders. For awarding this punishment, the Standing Order states "No order of removal or dismissal from service shall be made by an authority lower than the appointing authority of the employee" in which case it was the General Manager. This punishment was approved by the Appointing Authority and the employees services were terminated. The employee then appeals for reinstatement.
1st Question : In such a scenario, who will be the Appellate authority ? Will it be one step over the Disciplinary Authority or step over the Appointing Authority ?
If the appeal is again rejected, the employee could again appeal to an authority higher than the Appellate Authority i.e. the Reviewing Authority. So if the organization structure is such, that the person above the Appellate/Appointing Authority is the Head of the Company, then can the Head of the Company become the Reviewing Authority ?
Your views are solicited. Thanks. 13th February 2015 From India, Purulia