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Pramod Kumar Tripathi (Professional)     23 July 2010

Fixation of date of enquiry by disciplinary authority

R/members

this is my first post in this site although i am member since 2008.

my querry is that whether a disciplinary authority fix the date of enquiry while appointing the enquiry officer (EO)?

1-if yes in what circumstances

2-whether it should be followed in all case or EO will fix the date of enquiry.

may pl. reply

 

Regards

P Kumar



Learning

 6 Replies

Mugundhan (Lawyer)     23 July 2010

usually the enquiry officer will fix the date of enquiry. But there is nothing wrong in the disciplinary authority fixing the first hearing date of the enquiry. But the subsequent dates has to be fixed by the enquiry officer.

rajesh (executive)     03 August 2010

HI.

 

JUST I WANT TO KNOW IN A MANUFACTURING INDUSTRY FINE WILL BE IMPOSE FOR MINOR MISBEHAVIOUR , THESE DAYS IT IS NOT NECESSARY AND WHAT WILL BE DONE WITH THAT FINE AMOUNT AND WHERE IT WILL BE KEPT COMPANY CAN USEOUT OF THAT MONEY OR IT WILL DEPOSITED WITH THE LABOUR DEPARTMENT 
 

 

RAJESH

MURALI (EXECUTIVE)     26 October 2011

Dear,

 

  it is  better always good to give /serve notice  to the employee who  misbheved during  working  hours, in company ,  after getting  his reply he may be let off with warning if it is first time or otherwise  to impose penaly  by cutting the wage  which is  1 financial loss to hm for his misconduct 2.  wage is saved for company  for  a day

 

 v.murali

Executive

BSNL

Sudhir Kumar, Advocate (Advocate)     24 March 2012

Fixing of date of inquiry by the Disciplinary Authority is an extraneous pressure amounts to curtailing judicious discretion of the IO to fix the dates as per mutual convenience of himself, charged officer and presenting officer. This is violation of opportunity.

 

kameswarao S (Head HR)     26 March 2012

First enquiry date can be fixed by the disciplinery authority but the next date shall be fixed by the EO at the end of the process on that particular day of enquiry.

Even though the delequent employee has every right to ask for adjournment hence it is not a big issue. The delequent employee can write a letter to the EO directly and ask for adjournment and after that the EO shall be fixing the date, time & venue etc.

Regards - kamesh

Sudhir Kumar, Advocate (Advocate)     26 March 2012

partially agreed with Mr Kameshwar Rao.  Even first date need not be fixed by DA.  It shows intention of curtailing discretion of the IO .


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