Scenario of Employee Termination and Appeal Process
A particular scenario involves a charge-sheeted employee who, after a domestic inquiry, is found guilty of very serious charges. Considering past disciplinary actions against the employee, the number of punishments awarded earlier, and the gravity of the misconduct, the employee is awarded the major penalty of "Removal from service which does not disqualify for future employment" as per the certified standing orders. According to the Standing Order, "No order of removal or dismissal from service shall be made by an authority lower than the appointing authority of the employee," which in this case was the General Manager. This punishment was approved by the Appointing Authority, and the employee's services were terminated. The employee then appeals for reinstatement.
Appellate Authority Determination
1st Question: In such a scenario, who will be the Appellate Authority? Will it be one step over the Disciplinary Authority or a step over the Appointing Authority?
Reviewing Authority Consideration
If the appeal is again rejected, the employee could appeal to an authority higher than the Appellate Authority, i.e., the Reviewing Authority. If the organizational structure is such that the person above the Appellate/Appointing Authority is the Head of the Company, then can the Head of the Company become the Reviewing Authority?
Your views are solicited.
Thanks.
From India, Purulia
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20A particular scenario involves a charge-sheeted employee who, after a domestic inquiry, is found guilty of very serious charges. Considering past disciplinary actions against the employee, the number of punishments awarded earlier, and the gravity of the misconduct, the employee is awarded the major penalty of "Removal from service which does not disqualify for future employment" as per the certified standing orders. According to the Standing Order, "No order of removal or dismissal from service shall be made by an authority lower than the appointing authority of the employee," which in this case was the General Manager. This punishment was approved by the Appointing Authority, and the employee's services were terminated. The employee then appeals for reinstatement.
Appellate Authority Determination
1st Question: In such a scenario, who will be the Appellate Authority? Will it be one step over the Disciplinary Authority or a step over the Appointing Authority?
Reviewing Authority Consideration
If the appeal is again rejected, the employee could appeal to an authority higher than the Appellate Authority, i.e., the Reviewing Authority. If the organizational structure is such that the person above the Appellate/Appointing Authority is the Head of the Company, then can the Head of the Company become the Reviewing Authority?
Your views are solicited.
Thanks.
From India, Purulia
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