How to conclude the TWO Inquiries when a workmen is accused of a two similar nature of misconduct by two different EO & PO’s
From India, undefined
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2From India, undefined
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According to double jeopardy, one cannot be punished twice for the same misconduct. If there are two separate instances and two separate inquiries in different timelines, both should result in the same punishment as per prevailing standing orders. It is better to conduct a single inquiry if the misconducts occur at the same time and are of a similar nature; this will save time and costs. Also, try to provide a single conclusion for both to avoid any legal issues.
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Completion of a Domestic Enquiry is left to the wisdom of the Enquiry Officer. The Employer has no role in giving directions to the Enquiry Officer. Why have two charge sheets been issued for similar misconducts? Why have two Domestic Enquiries been instituted against the charge-sheeted Employee? Are you an Employer? Please provide details.
From India, New Delhi
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From India, New Delhi
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Handling Multiple Charge Sheets in Domestic Enquiries
The question is vague and hypothetical. If the dates of the occurrence of similar misconduct vary, there is no harm in issuing two charge sheets, provided the second occurrence happened after the issuance of the first charge sheet. In a domestic enquiry, the principles of natural justice should be followed. After the findings of the Inquiry Officers are received, a copy of the same should be issued to the accused worker.
If the misconducts are similar in nature, the disciplinary authority can club the charge sheets and the domestic enquiries and propose a punishment, taking into account the nature of both charge sheets. Further details are required to provide a detailed procedure.
Regards, M. Venkatraghavan
From India, Selam
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The question is vague and hypothetical. If the dates of the occurrence of similar misconduct vary, there is no harm in issuing two charge sheets, provided the second occurrence happened after the issuance of the first charge sheet. In a domestic enquiry, the principles of natural justice should be followed. After the findings of the Inquiry Officers are received, a copy of the same should be issued to the accused worker.
If the misconducts are similar in nature, the disciplinary authority can club the charge sheets and the domestic enquiries and propose a punishment, taking into account the nature of both charge sheets. Further details are required to provide a detailed procedure.
Regards, M. Venkatraghavan
From India, Selam
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Handling Multiple Offenses by an Employee
It appears the accused had committed/repeatedly the very same type of offense. For example, a night watchman was found napping while on duty on two different dates. In this case, there can be a combined SCN for the offense committed by him on both days, which will result in a combined punishment when proved guilty. There need not be two different inquiries.
Different Types of Offenses
On the other hand, on one occasion, he was found napping while on duty, and on another day, he was caught red-handed while stealing the company's property. Since these are two different offenses, there can be two SCNs/charge sheets, and two inquiries can proceed.
From India, Bangalore
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It appears the accused had committed/repeatedly the very same type of offense. For example, a night watchman was found napping while on duty on two different dates. In this case, there can be a combined SCN for the offense committed by him on both days, which will result in a combined punishment when proved guilty. There need not be two different inquiries.
Different Types of Offenses
On the other hand, on one occasion, he was found napping while on duty, and on another day, he was caught red-handed while stealing the company's property. Since these are two different offenses, there can be two SCNs/charge sheets, and two inquiries can proceed.
From India, Bangalore
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It is requested that full abbreviation be used instead of EO, PO, SCN etc.
From India, Thane
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From India, Thane
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt