The dissmissal order should be signed by only appointing authority subject to findings of the enquiry officer after enquiry proceedings are over. Before issuing the dissmial order, a Show Cause Notice should be served on the deliquent asking his explanation showing cause why his services should not be dissmissed from the rolls of the Company. Before punishing any body a opportunity should be given in principal of natural justice.
Labour Laws Consultant
A dismissal order can be issued to an employee either by the appointing authority or the authority who is delegated with the power of dismissing an employee. A dismissal is a punishment so, in many a cases the authority who is empowered to sign on the dismissal order should sign the order clearly in writing the reasons incorporated in the final orders he/she is being dismissed from the services with the benefits admissible and recoverables any thing as recommended by the authority who conducted the proceedings. Based on the final order the authority can execute the dismissal orders. Before issuing / dismissing an employee he/she should be given in writing the motive of dismissals and any representation recorded for further, however, if the dismissal order required to be reviewed by the higher official such things immediately referred for further course of action. Thus, before issuing dismissal from services the formalities should be adhered to as the same in the future may attract inadequacy by the delinquent for remaining in the service.
best of luck ...
The dissmisal order should be signed only by the appointing authority. Normally this will be done only from Personnel/Administration Department who are empowered by the Management, Although the departmental heads are empowered or delegated powers but they are not empowered for appointing a employee. appointing authority only from the Personnel Officer/Administration Manager or inabsence of this only from the owner/Director, or atmost Unit Head. Departmental heads powers are limited they can issue the charge sheets and are authorized to take disciplinary action but they are not involving in day to day administration of the establishment.
Labour Laws Consultant
An appointing authority is delegated with the power of appointment, in case he is the authority to issue dismissal order there certainly will be a lacunae, hence, whenever there is a dismissal, and the dismissal is a punishment, the authorised/delegated power should be used for such issuance of order. In case the same authority who is appointing a person is authorised to issue there is no other way but the order is required to be executed. These are posts carrying the power and we cannot/must not violate the sanctum of the authorities.
Let we take a simple example, if he/she is appointed to a cadre say Group-C(according to the post) with continuance of service in the time promoted to Group-B non-gazetted official, the appointing authority differ in the span, he/she is not being appointed yet, he/she did get promotion in the service, on finding prima-facie some negligence in work, the person-he/she when compelled to be dismissed the authority in fact differs, the delegated authority can execute the order and not the appointing authority on the cadre entry as group-c. In a private sector the board of directors are delegating the power, and this differs to the industry.
best of luck ...
Thanks for your opinion sharing in this forum. I too agree for the same explained by you as example. since the the procedures/situations may vary from establishment to establishment but in any case it should be within the purview of Industrial Disputes Act, 1947.
Thanks and Regards,
A friend was working as DGM in Public sector company, recently he has given balance salary/bonus (not as per amendment in 2015 if any) and Gratuity with out conducting domestic enquiry for long term (9months)absence or not reporting duty( due to thtreat to life by reporting officer) in Assam.
No..chargesheet/suspension/termination/service certificate letterS are issued.
Employee has clear records in 8 yrs service.
As per designation of employee the appointment/confirmation letter signed by MD of psu....Another MD is still on role
But, now all the correspondence & dues settlement letter is signed by
GM-HRD..it is valid in court of law
Please reply as a friend in deep
Depression.. I trying to help his family.
GM-HRD communications & signature are legally valid but,the delegation details are not disclosed by company
Will you please advice, how to take the case to court with out knowing the delegation of powers.
Delegation for administrative and disciplinary powers are open for all to note, cannot be kept as a secret weapon by any department. You may check with the HR department of your organisation.