Charger sheet Signed by Executive Director, Says on Enquiry Report signed by President, Dismissal Order signed by Managing Director. Is my Dismissal Legal or not?
From India, Pune
From India, Pune
Dear Colleague,
It is not clear what is meant by say on the enquiry report.
General principle is the chargesheeting authority and punishing authority have to be be different individuals vested with due powers. Another principle is the appointing authority has the powers to terminate the services of an employee.
Despite the clarification sought above, your signing authorities given in the post technically seem to conform with the principles stated above.
Apart from the appropriate signing authorities which may become material issue if contested, the whole process of disciplinary action has to meet the whole lot of principles evolved over the prolonged period by the Apex courts' verdicts revolving around the criteria of fairness and equity.
Therefore, much more legal expertise is required in following the disciplinary process than merely looking at the peripheral / technical aspect of the signing authorities.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
617It is not clear what is meant by say on the enquiry report.
General principle is the chargesheeting authority and punishing authority have to be be different individuals vested with due powers. Another principle is the appointing authority has the powers to terminate the services of an employee.
Despite the clarification sought above, your signing authorities given in the post technically seem to conform with the principles stated above.
Apart from the appropriate signing authorities which may become material issue if contested, the whole process of disciplinary action has to meet the whole lot of principles evolved over the prolonged period by the Apex courts' verdicts revolving around the criteria of fairness and equity.
Therefore, much more legal expertise is required in following the disciplinary process than merely looking at the peripheral / technical aspect of the signing authorities.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Executive Data Sheet.doc
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