Respected all,
As per my understanding, a competent person for issuing a Charge Sheet cannot perform the role of a Presenting Officer. Now, if I am the head of a manufacturing unit and the appointing authority, and I am abused by a worker, and I do not have any HR person with me, all the people being in a unionized category.
In this case, who can issue the Charge Sheet, and who can be the Presenting Officer? Kindly provide your valuable inputs to enrich my knowledge and resolve the ambiguity.
Regards,
Samee Mahajan
From India, Ahmadabad
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As per my understanding, a competent person for issuing a Charge Sheet cannot perform the role of a Presenting Officer. Now, if I am the head of a manufacturing unit and the appointing authority, and I am abused by a worker, and I do not have any HR person with me, all the people being in a unionized category.
In this case, who can issue the Charge Sheet, and who can be the Presenting Officer? Kindly provide your valuable inputs to enrich my knowledge and resolve the ambiguity.
Regards,
Samee Mahajan
From India, Ahmadabad
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A domestic enquiry need not be taken at par with a court proceeding that follows certain codes in the Civil Procedure Code or Criminal Procedure Code, as the case may be. All that you have to ensure is that the enquiry is conducted following the principles of natural justice. Therefore, there is nothing wrong in issuing a show cause notice by the aggrieved party himself. As the disciplinary authority and the person affected, you can issue a show cause notice and initiate disciplinary action against the employee.
If the response to the notice is unsatisfactory, you can proceed with an enquiry by appointing another person, even an outsider, as the Enquiry Officer. It is irrelevant whether you present your own case or not; what matters is that the charges need to be proven before the Enquiry Officer. In representing the Management, you can bring a witness to the incident as well. This witness does not necessarily need to be an officer from the HR department. It is incorrect to claim that a domestic enquiry solely belongs to the HR department. It can be conducted without any HR personnel. As mentioned earlier, what is crucial is that the accused employee is given ample opportunity to defend against the charges before a decision is made.
Regards,
Madhu.T.K
From India, Kannur
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4526If the response to the notice is unsatisfactory, you can proceed with an enquiry by appointing another person, even an outsider, as the Enquiry Officer. It is irrelevant whether you present your own case or not; what matters is that the charges need to be proven before the Enquiry Officer. In representing the Management, you can bring a witness to the incident as well. This witness does not necessarily need to be an officer from the HR department. It is incorrect to claim that a domestic enquiry solely belongs to the HR department. It can be conducted without any HR personnel. As mentioned earlier, what is crucial is that the accused employee is given ample opportunity to defend against the charges before a decision is made.
Regards,
Madhu.T.K
From India, Kannur
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc