yusuf114
1

An employee has represented against the order of minor penalty imposed upon him by Disciplinary Authority. Now in this case whether decision can be reviewed by the same disciplinary authority who has imposed minor penalty or had to forward to next higher authority for review.
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant

Nagarkar Vinayak L
617

Dear Colleague,
The punishment authority should review it for whatever worth it is.
If it does not find any merit in the say of delinquent worker, it should convey that the matter was reviewed as per the request and no change is warranted and the punishment granted stays.
Regards,
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
umakanthan53
5959

I have a different perception regarding the review of the orders of punishment by the same disciplinary authority who originally awarded the punishment whether it be minor or major except for the correction of certain minor mistakes like clerical errors. Since a disciplinary authority is only a functous officio, it can not review its own orders when there is a separate higher authority for appeal.
From India, Salem
Nagarkar Vinayak L
617

Dear Sir,
You are right. The review of the decision should be done by the appealing authority but
the review decision can be conveyed by the punishing authority.
I did not mean to suggest that review should be done by punishing authority when appeal is made for review.
Regards,
Vinayak Nagarkar
HR- Consultant.

From India, Mumbai
umakanthan53
5959

Thank you, Mr.Nagarkar, for your clarification.
From India, Salem

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