Hello Seniors and Friends, I want to clear my doubts, Can the delinquent employee be represented by the Union leader or a Lawyer? Thanks: Ashish Gaur
From India, New Delhi
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From India, New Delhi
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The delinquent employee's right to representation through a Union leader or a Lawyer in the domestic enquiry is not an absolute right. As per the ratio decidendi of the various judgments of the Apex Court and High Courts, the emerging legal position in this regard is as follows:
Legal Position on Representation in Domestic Enquiry
1. The right of representation in a domestic enquiry through a Counsel or an agent is not available to a delinquent employee unless it is specifically permitted in the Standing Orders of the establishment.
2. However, the specificity of the situation, like the complexity of the charges involving complicated factual and legal questions, or the inability of the delinquent to express himself adequately due to his illiteracy or psychological reasons, can permit departure from the above principle.
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From India, Salem
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6108Legal Position on Representation in Domestic Enquiry
1. The right of representation in a domestic enquiry through a Counsel or an agent is not available to a delinquent employee unless it is specifically permitted in the Standing Orders of the establishment.
2. However, the specificity of the situation, like the complexity of the charges involving complicated factual and legal questions, or the inability of the delinquent to express himself adequately due to his illiteracy or psychological reasons, can permit departure from the above principle.
Regards
From India, Salem
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt