In a Government organization, departmental inquiry is under process against one senior officer and the charged officer was issued charge sheet. As of now the inquiry report has also been submitted by the IO. The decision is pending with disciplinary authority. The charges were very grave (challenging integrity of the charged officer). During inquiry, suspension was not done due to some negligence on part of senior mgt.
At present, the charged officer is interfering with the departmental work and is threatening everyone to involve him in all the works as the report of disciplinary authority is still pending.
I would like to know if there is any guideline on involvement of charged officer till the inquiry is over.
regards,
Priya
21st February 2019 From India, Mumbai
Dear Priya,
As of now, certain grave charges are still pending against the so called senior officer as the matter is yet to be disposed of by the Disciplinary Authority.
Despite the charges and the departmental inquiry into the charges, the delinquent official was not placed under suspension due to some negligence on the part of the senior management.
Now the delinquent is interfering with the departmental work and threatening other employees to involve him all the works.
Based on your own perception about the above facts, you desire to restrict the involvement of the delinquent in departmental works till the disposal of the D.P pending against him and this is what all could I infer from your post.
At the outset itself you have admitted that the establishment is a Government Organization. But there is no mention whether it is a government department coming under any particular ministry or a public sector undertaking. In the latter case, it would have its own service regulations including matters of disciplinary control. Viewed from this back drop, you have leveled three allegations - (1) against the management of being negligent in not placing the delinquent under suspension pending inquiry though charges of misconduct were framed against him (2) against the Disciplinary Authority of being lax in expeditiously disposing of the matter even after receipt of the inquiry findings and (3) against the delinquent himself of unnecessarily meddling with all the departmental works and threatening the other employees.
The possible educated guess one can make out of your post is that you are one among the aggrieved employees by the threat of the delinquent and you are of the impression that there is undue favouritism being shown to the individual.
In the first place, it is the gravity of the charges and the sole discretion of the top management to place an employee under suspension pending inquiry. One can not question it.
Secondly, when the charges are so grave, naturally the Disciplinary Authority should have to be more cautious in appreciating the findings of the inquiry officer with reference to the documentary and oral evidences and the arguments advanced on behalf of the delinquent and as such the delay might be reasonable.
Thirdly, because of the pending D.P against the delinquent, the official status and responsibilities of the individual stand unaffected and his demand for his involvement in the works as a senior officer can not be found fault with.
Therefore, in my opinion, the only option before the affected employees like yourself is bringing the matter to the notice of the higher authority in case he exceeds his official limits of control and supervision and subordinates can not belittle a superior in the normal discharge of his duties just because he is facing some charges..
21st February 2019 From India, Salem
The Act of "Threatening" Co-workers/Colleagues/Other Employed Person during Duty Hours white at Workplace in itself is Very Grave Act of Misconduct and is Fit Case for the Employer/Management to " Suspend that Particular Employee Under -Supension Pending Inquiry" for Which an Essential Step is to Issue Another Charge-Sheet /Show Cause Notice to the said Employee First and Immediately Upon Issue of & receipt of the Said CS / S-C Notice, Issue theSuspension-Pending Inquiry Letter, ask the so Suspended Employee to surrender the Work/Office Entry Permit and Ensure at the Entry Gate that the Security Personnel disallow his/her Entry into Workplace Premises.
Employers in India are Never in a Helpless/Hapless position unless of their own volition. Safety and Personal Security of all other Employees and others should be High Priority & Supreme Importance failing which the Employer/Management Personnel shall be liable to Penal Action/Prosecution for abetment to Causing Hurt/Injury While on Duty.
Kritarth Team
21.2.19
Collect & Collate the Threats
21st February 2019 From India, Delhi
Dear Colleagues,
The disciplinary proceedings are at the fag end where the D. Authority has to take decision on the appropriate punishment if the charges are found proved.
In my view, the charged officer should be prevented from interfering with the departmental work and threatening to give him work by higher authority through suitable communication by making him ' Officer on special duty' ( meaning sit quiet and do nothing) till the final decision.
Alternatively, send him on forced leave if service rule permit till the decision is taken.
Regards,
Vinayak Nagarkar
HR- Consultant
21st February 2019 From India, Mumbai
"At present, the charged officer is interfering with the departmental work and is threatening everyone to involve him in all the works as the report of disciplinary authority is still pending. "
Shone of insinuations, above line conveys no facts or information. A senior officer cannot be rendered a personna non grata
just because he is facing disciplinary proceedings. If you happen to be the Disciplinary Authority, you can expedite the proceedings. If you are not, your over-anxiety is disturbing.
23rd February 2019 From India, Kochi
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