LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vaibhav Mane (Advocate)     26 June 2011

Domestic enquiry

One Bank started Domestic enquiry against its employee.

It is the fact that said employee was chargesheeted for the  misconduct  alleged to be done in the year 2005.

He was chargesheeted in Dec. 2010.

Whether there is gross delay on the part of Bank in initiating action against its employee?



Learning

 5 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     26 June 2011

Dear Vaibhav,

 

This is the rule of law that the notice to be furnished  as early as possible for the domestic enquiry, once the incident occures or noticed, should be within 15 days. 5 years dealy in domestic enquiry seems to be un reasonable and should not stand.


(Guest)

reasonability or unreasonableness of time to start demestice inquiry depends upon tow different aspects.

The question arises, when did the case come to notice and when the investigation started by the competent authority before start of domestic inquiry?

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     27 June 2011

Dear Mr.Dhingra,

 

That is what exacatly i meant. Un reasonable delay will be presumed as a chance to fabricate false charge. If any malpractice/misconduct noticed, it should be charge sheeted immediately without delay.

mathivanan (advocate)     29 June 2011

Of course, there is delay on the part of the management in initiating domestic enquiry, but the charges framed by the bank will decide the varasity of delay. For example if the delinquent is charged with a misconduct of misappropriation and the bank has waited till the verdict of the criminal proceedings and charges framed afresh on the basis of convition given by the criminal court, the delay can be justified. Any how the delay cannot bar the domestic enquriy proceedings, but can be questioned only before the labour court or tribunal when the punishment imposed on the basis of domestic enquiry is challenged.

Vaibhav Mane (Advocate)     29 June 2011

Thanx alot


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query