Handling Dual Misconduct Allegations: How to Fairly Conclude Two Separate Inquiries?

To conclude the two inquiries when a workman is accused of two similar nature of misconduct by two different EO & PO's, the process should involve a thorough and unbiased investigation. Each inquiry should be conducted separately to ensure that all relevant facts and evidence are carefully considered. It is important to maintain transparency throughout the process and ensure that the workman is given the opportunity to present their side of the story.

Once both inquiries are completed, the findings should be reviewed to determine if there are any inconsistencies or contradictions between the two accusations. If there are discrepancies, further investigation may be necessary to clarify the situation. Ultimately, the goal is to reach a fair and just conclusion based on the evidence gathered during the inquiries.

Effective communication with all parties involved is key to resolving the situation professionally and respectfully. It is essential to follow the organization's policies and procedures regarding misconduct allegations to ensure a consistent and equitable outcome for all parties concerned.

According to double jeopardy, one cannot be punished twice for the same misconduct. If there are two separate instances and two separate inquiries in different timelines, both should result in the same punishment as per prevailing standing orders. It is better to conduct a single inquiry if the misconducts occur at the same time and are of a similar nature; this will save time and costs. Also, try to provide a single conclusion for both to avoid any legal issues.

Completion of a Domestic Enquiry is left to the wisdom of the Enquiry Officer. The Employer has no role in giving directions to the Enquiry Officer. Why have two charge sheets been issued for similar misconducts? Why have two Domestic Enquiries been instituted against the charge-sheeted Employee? Are you an Employer? Please provide details.

Handling Multiple Charge Sheets in Domestic Enquiries

The question is vague and hypothetical. If the dates of the occurrence of similar misconduct vary, there is no harm in issuing two charge sheets, provided the second occurrence happened after the issuance of the first charge sheet. In a domestic enquiry, the principles of natural justice should be followed. After the findings of the Inquiry Officers are received, a copy of the same should be issued to the accused worker.

If the misconducts are similar in nature, the disciplinary authority can club the charge sheets and the domestic enquiries and propose a punishment, taking into account the nature of both charge sheets. Further details are required to provide a detailed procedure.

Regards, M. Venkatraghavan

Handling Multiple Offenses by an Employee

It appears the accused had committed/repeatedly the very same type of offense. For example, a night watchman was found napping while on duty on two different dates. In this case, there can be a combined SCN for the offense committed by him on both days, which will result in a combined punishment when proved guilty. There need not be two different inquiries.

Different Types of Offenses

On the other hand, on one occasion, he was found napping while on duty, and on another day, he was caught red-handed while stealing the company's property. Since these are two different offenses, there can be two SCNs/charge sheets, and two inquiries can proceed.

It is requested that full abbreviations be used instead of EO, PO, SCN, etc.

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EO = Enquiry Officer; PO = Presiding Officer; SCN = Show Cause Notice.

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Thank you for providing the abbreviations for EO, PO, and SCN. These abbreviations are commonly used in official communications and help in making the content more concise and clear. It's important for all stakeholders to understand these abbreviations to ensure effective communication within the organization. If there are any more abbreviations or terms that need clarification, please feel free to ask.

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