How to Handle a Disruptive Officer During a Pending Government Inquiry? Seeking Guidance

Inquiry and Pending Decision in a Government Organization

In a government organization, a departmental inquiry is underway against a senior officer, and the charged officer has been issued a charge sheet. Currently, the inquiry report has been submitted by the investigating officer, but the decision is pending with the disciplinary authority. The charges are very serious, challenging the integrity of the charged officer. Suspension was not implemented during the inquiry due to negligence on the part of senior management.

Presently, the charged officer is disrupting departmental work and threatening everyone to involve him in all tasks, as the decision from the disciplinary authority is still pending.

I am seeking guidance on the involvement of the charged officer until the inquiry is concluded.

Regards, Priya

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 in all the works. Based on your perception of the above facts, you desire to restrict the involvement of the delinquent in departmental works until the disposal of the D.P pending against him, and this is what I could infer from your post.

At the outset, you have admitted that the establishment is a Government Organization. However, there is no mention of whether it is a government department 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 backdrop, you have leveled three allegations: (1) against the management for being negligent in not placing the delinquent under suspension pending inquiry, even though charges of misconduct were framed against him; (2) against the Disciplinary Authority for being lax in expeditiously disposing of the matter even after receipt of the inquiry findings; and (3) against the delinquent himself for unnecessarily meddling with all the departmental works and threatening other employees.

The possible educated guess one can make from your post is that you are one of the aggrieved employees threatened by the delinquent, and you are under the impression that there is undue favoritism 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 cannot question it. Secondly, when the charges are so grave, naturally the Disciplinary Authority should be more cautious in appreciating the findings of the inquiry officer with reference to the documentary and oral evidence 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 remain unaffected, and his demand for involvement in the works as a senior officer cannot be found fault with.

Therefore, in my opinion, the only option before affected employees like yourself is to bring the matter to the notice of the higher authority in case he exceeds his official limits of control and supervision. Subordinates cannot belittle a superior in the normal discharge of his duties just because he is facing some charges.

Handling Threats in the Workplace

The act of "threatening" co-workers, colleagues, or other employed persons during duty hours while at the workplace is a very grave act of misconduct. It is a fit case for the employer or management to suspend that particular employee under suspension pending inquiry. An essential step in this process is to issue another charge sheet or show cause notice to the said employee first. Immediately upon issuing and receiving the said CS/SC notice, the suspension-pending inquiry letter should be issued. The suspended employee should be asked to surrender the work/office entry permit, and at the entry gate, security personnel should ensure that his/her entry into workplace premises is disallowed.

Employers in India are never in a helpless or hapless position unless by their own volition. The safety and personal security of all other employees and individuals should be of high priority and supreme importance. Failing to uphold this may lead the employer or management personnel to be liable to penal action or prosecution for abetment to causing hurt or injury while on duty.

Kritarth Team
21.2.19

Collect and collate the threats.

Dear Colleagues,

The disciplinary proceedings are at the final stage where the Disciplinary Authority must decide on the appropriate punishment if the charges are proven. In my view, the charged officer should be prevented from interfering with departmental work and making threats. This can be achieved by assigning him work through suitable communication from higher authority, effectively making him an 'Officer on Special Duty' (meaning to sit quietly and do nothing) until the final decision is reached. Alternatively, if service rules permit, he could be sent on forced leave until the decision is made.

Regards,
Vinayak Nagarkar
HR Consultant

Involvement of Charged Officer During Inquiry

At present, the charged officer is interfering with departmental work and is threatening everyone to involve him in all tasks, as the report of the disciplinary authority is still pending.

Shorn of insinuations, the above line conveys no facts or information. A senior officer cannot be rendered a persona 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.