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Anonymous
10

During the domestic inquiry, the workman died. What are the options available to the management concerning the inquiry? If Management has the option to conclude the inquiry what procedure is to be followed?

Please suggest options available.

Regards,

From India, Delhi
KK!HR
1530

Since the workman has expired, the inquiry has to be closed at this stage and the charges have to be held as not proved. It cannot proceed any further as the dead employee cannot defend himself, nor any punishment can be imposed. Treat the charges as not proven and settle the dues accordingly. Belive that the employee has been so punished by the Providence.
From India, Mumbai
PRABHAT RANJAN MOHANTY
581

The domestic inquiry should be closed, if the workman died during the period by the Management.
The management need to settle the F & F ( his gratuity & the full wages deducting the sustenance allowance paid), pay to the legal heir of the dead workman. The workman remains clean until his misconduct is established. There remains no scope, since the accused is dead.
The opinion of Mr KK is valid one to adhere.

From India, Mumbai
umakanthan53
6016

Action of a person dies with the person. Therefore, no use in continuing the disciplinary proceedings any further. Whatever be the gravity of the charges against him, on the date of his death he was only a delinquent employee as the disciplinary proceedings remained half way through. I concur with the foregoing views about the further action to be taken by the employer in this regard.
From India, Salem
panchsen
49

If teh workmnan dies during the course of domestic enquiry, it shoudl be deemed that the chrages have not been proved and that the workmn remined innocnet and as such his full and fina settlement to be mmade including statutory and social security paymnets liek gratuity .leave encashment ,PF etc as per provisiosn fo statute.
P Senthilkumar

From India, Chennai
mailrsr
11

During the domestic enquiry is under progress, the delinquent is dead and due to this, the enquiry cannot proceed further. During the next hearing date, the Management Representative can make a submission to the Enquiry Officer about the facts and request the EO to close the enquiry as dropped due to death of employee. His legal dues can be settled to the legal heirs as per rule. The enquiry is to be formally closed by the Enquiry Officer at the request of the MR.
From India, Madras
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