Dear Sir,
One of our employees has stolen 400ml of alcohol from our lab and was caught red-handed at the main gate of the factory while leaving duty. He was charged in the above-said theft case as per the company's standing orders, and a chargesheet was issued to him. In response to the chargesheet, the delinquent employee admitted to the theft in writing. Not satisfied with his response, an inquiry was initiated by the disciplinary authority. During the inquiry, he admitted to the charges.
At this point, should the inquiry officer continue the inquiry or conclude it here, stopping further proceedings? Kindly advise, please.
Manager (H.R.)
From India, Bangalore
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1One of our employees has stolen 400ml of alcohol from our lab and was caught red-handed at the main gate of the factory while leaving duty. He was charged in the above-said theft case as per the company's standing orders, and a chargesheet was issued to him. In response to the chargesheet, the delinquent employee admitted to the theft in writing. Not satisfied with his response, an inquiry was initiated by the disciplinary authority. During the inquiry, he admitted to the charges.
At this point, should the inquiry officer continue the inquiry or conclude it here, stopping further proceedings? Kindly advise, please.
Manager (H.R.)
From India, Bangalore
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When the Person has accepted the Mistake,, What is the need to continue the Enquiry,,, take the next step....
From India, Coimbatore
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From India, Coimbatore
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Dear Mitesh,
The objective of holding an enquiry is to investigate the charges as levelled in the charge sheet and then reach a conclusion based on the evidence adduced during the course of the enquiry. In your case, the chargesheeted employee has accepted the charges levelled against him. Under these circumstances, the enquiry comes to an end. The Enquiry Officer will note in the proceedings that since the chargesheeted employee has accepted the charges levelled against him, the enquiry hereby comes to an end and is closed.
Mohan.
From India
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The objective of holding an enquiry is to investigate the charges as levelled in the charge sheet and then reach a conclusion based on the evidence adduced during the course of the enquiry. In your case, the chargesheeted employee has accepted the charges levelled against him. Under these circumstances, the enquiry comes to an end. The Enquiry Officer will note in the proceedings that since the chargesheeted employee has accepted the charges levelled against him, the enquiry hereby comes to an end and is closed.
Mohan.
From India
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Dear friends,
Even though the chargesheeted employee accepted the misconduct, the Enquiry Officer has to record the statement from the management side, and he has to give his final judgment. Most of the time, the affected employee will deny the case after the enquiry and will go further to the Labor Officer or other higher labor authorities, stating that the management has taken biased/one-sided decisions and is punishing him. At that time, the statement and the evidence collected from the management side will be supportive.
Hence, getting reports/evidence and witnesses from both sides is essential in the inquiry.
Regards,
Alphonse 😂😂😂
GTE
From India, Madras
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Even though the chargesheeted employee accepted the misconduct, the Enquiry Officer has to record the statement from the management side, and he has to give his final judgment. Most of the time, the affected employee will deny the case after the enquiry and will go further to the Labor Officer or other higher labor authorities, stating that the management has taken biased/one-sided decisions and is punishing him. At that time, the statement and the evidence collected from the management side will be supportive.
Hence, getting reports/evidence and witnesses from both sides is essential in the inquiry.
Regards,
Alphonse 😂😂😂
GTE
From India, Madras
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Hi Mitesh,
Here, it is not clear which Chargesheet is issued - is it Chargesheet: 14 or Chargesheet: 16? Depending on the gravity of the case, if the employee has a long tenure with the organization, you can consider imposing punishments such as withholding increments for the next couple of years or demoting the employee. It would be beneficial to review references from previous cases. In my opinion, this could be classified as Gross Misconduct. Please investigate whether the individual is admitting to the charge just to protect someone else.
Regards, Tikam S Shekhawat
Email: tikamindia@rediffmail.com
From India, Pune
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Here, it is not clear which Chargesheet is issued - is it Chargesheet: 14 or Chargesheet: 16? Depending on the gravity of the case, if the employee has a long tenure with the organization, you can consider imposing punishments such as withholding increments for the next couple of years or demoting the employee. It would be beneficial to review references from previous cases. In my opinion, this could be classified as Gross Misconduct. Please investigate whether the individual is admitting to the charge just to protect someone else.
Regards, Tikam S Shekhawat
Email: tikamindia@rediffmail.com
From India, Pune
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Hi Mitesh,
In your question, there are many other details missing that need to be clarified.
1. What is his past record of discipline?
2. What is his length of service in the organization?
3. What is his age?
4. What are his qualifications?
5. What are his past ratings in ACR?
6. Is he a sincere and hard worker?
7. Did any union fellow come to the management to seek pardon for him on some grounds?
8. How many children does he have?
9. If the management decides to terminate his service, is there any chance of industrial unrest?
10. Was a charge sheet issued for minor penalty or major penalty?
11. Do the standing orders provide different procedures for the above two types of penalties?
12. If yes, which procedure has been followed?
13. Does the Supreme Court's decision support management's action of 'dismissal from service' in such cases? Consult your law department and have their legal opinion on the above points.
14. The punishment of 'dismissal from service' is, in my opinion, a punishment to the family of the employee. No management would like to do that unless circumstances so warrant.
15. If the charge sheet is for a major penalty, then management must proceed with the inquiry.
16. If the charge sheet is for a minor penalty, then the case can be closed by the Enquiry Officer, and he can submit his report to the disciplinary authority.
17. The disciplinary authority should apply its mind before deciding on the punishment and give its reasons for deciding so.
Hope the above clarifies the position. In case any doubt still exists in your mind, you are welcome to revert back.
Regards,
Yours Truly,
Satish Kumar
Head of HR
NTPC Foundation, Noida
From India, Delhi
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In your question, there are many other details missing that need to be clarified.
1. What is his past record of discipline?
2. What is his length of service in the organization?
3. What is his age?
4. What are his qualifications?
5. What are his past ratings in ACR?
6. Is he a sincere and hard worker?
7. Did any union fellow come to the management to seek pardon for him on some grounds?
8. How many children does he have?
9. If the management decides to terminate his service, is there any chance of industrial unrest?
10. Was a charge sheet issued for minor penalty or major penalty?
11. Do the standing orders provide different procedures for the above two types of penalties?
12. If yes, which procedure has been followed?
13. Does the Supreme Court's decision support management's action of 'dismissal from service' in such cases? Consult your law department and have their legal opinion on the above points.
14. The punishment of 'dismissal from service' is, in my opinion, a punishment to the family of the employee. No management would like to do that unless circumstances so warrant.
15. If the charge sheet is for a major penalty, then management must proceed with the inquiry.
16. If the charge sheet is for a minor penalty, then the case can be closed by the Enquiry Officer, and he can submit his report to the disciplinary authority.
17. The disciplinary authority should apply its mind before deciding on the punishment and give its reasons for deciding so.
Hope the above clarifies the position. In case any doubt still exists in your mind, you are welcome to revert back.
Regards,
Yours Truly,
Satish Kumar
Head of HR
NTPC Foundation, Noida
From India, Delhi
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As stated by you, in the given situation, the delinquent employee had stolen 400 ml of alcohol from the lab and was caught at the gate. He was chargesheeted, and in response to the charges, he pleaded guilty. Still, an inquiry has been ordered, and in the preliminary stage of the inquiry, the employee has admitted to the charge.
As per disciplinary procedures, no further inquiry is required if a minor penalty is envisaged. However, if a major penalty is a possibility, it would be advisable to go for a detailed inquiry as per the company's disciplinary procedure.
Ashok
From India, Bhubaneswar
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As per disciplinary procedures, no further inquiry is required if a minor penalty is envisaged. However, if a major penalty is a possibility, it would be advisable to go for a detailed inquiry as per the company's disciplinary procedure.
Ashok
From India, Bhubaneswar
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DISCIPLINARY ACTIONS PROCEDURE.xls
Disciplinary policy and procedure.doc