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.
11th August 2018 From India, Delhi
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.
11th August 2018 From India, Delhi
Dear friend,
First, as far as I know, no employment law prescribes any time-limit for disciplinary proceedings in toto 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 of 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.
11th August 2018 From India, Salem
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/Proceure of Enquiry after one year from the date of suspension ? Please clarify.
Kritarth Team of Inquiry Officers OFFER 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 reasonably extended period depending upon the cause and the nature of inquiry "But not more than a year. "
It is Noteworthy that the Judegement of our Supreme Court of India is to be treated as Law Legisted by our India's Parliament under theArticle 141 of the Constitution of India.
Kritarth Team of Professional Inquiry Officer and Practioner, deems it our Duty, to Quote the RelevantExtract of the Supreme Court's above referred to Judement of 16.Dec 2015 as under:
Extract Quoted:
....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 reasonably extended period depending upon the cause and the nature of inquiry but not more than a year." Unquote
The said Guidelines in the aforesaid Judement in respect of Civil Appeal No 958 of 2010 MUST thus and therefore Be Followed by Every Employer, in Letter and Spirit, Fairhfully and Properly.
Kritarth Team has always adhered to the Said ORDER in all Domestic Inquiries for Which theEmployers across India Appointed us the Inquiry Officer with yet another Advantage that our Team conduct the Inquiries Within the Shortest Possible Time and Withing the Lowest Possible Cost strictly in accordance with the Twin Principles of Natural Justice.
Kritarth Team,
11th August 2018
11th August 2018 From India, Delhi
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 ?
11th August 2018 From India, Delhi
Once any Disciplinary Action-Seps namely Charge-Sheet or Show Cause Notice or Explanantion Letter to an Employee is issued allegaing Act of Misconduct within the Meaning of Standing Orders or the Service Rules applicable to him or her, and
s/he been put on Suspension-Pending Inquiry, the Inquiry must commence, conducted and Concluded by the Inquiry Officer or the Inquiry Committee appointed for the purpose in accordance with the prescribed Principles of Natural Justice and the Procedures prwscribed for such Departmental/Domestic Inquiry
and the Inquiry Report submitted to the Appoibnting Authority/Punishing Authority for him/her to Apply his/her mind and Determine Punishment Proportionate OR Condonation as s/he deems Fit and as the case may be and inform the Concerned Employee thereabout.
Therafter, the Employer needs to decide whether Difference between Subsistence Allowance disbursed should be reconciled or What.
Harsh K Sharan
Kritarth Team,
12.8.18
12th August 2018 From India, Delhi
Dear Colleague,
1. Though no time limit is laid down by law, the E.O. must submit the report of findings within reasonable period and ordinarily 3 months time can be considered as reasonable.
2. Suspension pending enquiry for a period of one year is on the face of it is unjust and shows vindictive attitude or lack of preparedness. If challenged in the labour court, very likely, would be set aside and reversed.
Regards,
Vinayak Nagarkar
HR-Consultant
13th August 2018 From India, Mumbai
Thanks Vinayak ,
For a precise reply. A very senior Accounts Officer near his retirement has meted out same fate.
13th August 2018 From India, Delhi
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.
14th August 2018 From India, Mumbai
Dear Team Members,
Kritarth Team of Professional Inquiry Officer and Practitioner, deems it our Duty, to Quote the Relevant Extract of the Supreme Court's above referred to Judgement of 16.Dec 2015.
May I request the Team Members to upload Soft Copy of the above said judgement to be referred by Cite Community members.
Regards,
15th August 2018 From India, Mumbai
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