Civil Procedure Code (CPC)

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Prakash   31 July 2021

Misconduct

Delinquent employee suspended for forgery, cheating, misappropriation etc. and stopped from tampering evidences as she was in crucial position. An enquiry commission set up by the board of directors foxed date for hearing to show the suspended employee documents and provided with her an opportunity to cross witnesses.
Now the employee declines (in writing) to attend the hearing.
What can be the mext step by the Company (a Public Limited Co. nonfuded, unlisted).


 15 Replies

Dr J C Vashista (Lawyer)     01 August 2021

The enquiry shall be proceeded ex-parte and decided on the basis of records and evidence(s) available.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 August 2021

Let the Enquiry be conducted in absentia duly recording the opportunities given to her to attend and taking her letter refusing to attend the enquiry on record after ensuring that it was in fact written by her only.

 

Later, enquiry to be conducted in absentia and naturally the decision shall be ex-parte and the disciplinary authority takes appropriate decision.

G.L.N. Prasad (Retired employee.)     01 August 2021

The employer first should file a criminal complaint in a Police Station, so that they can get the support of the Investigation report, when the hearing opportunity was not utilized.  The IO may provide another opportunity for a personal hearing and may ask his friends in the company to impress the employee to attend.  The proceedings can be continued by giving short adjournments with such notices.

H.JanakiManohar Rao (lawyer)     01 August 2021

First Police complaint shall be filed.when court takes up the case the disciplinary proceedings shall be stalled as per rule.After the judgement the disciplinary could be continued.

G.L.N. Prasad (Retired employee.)     01 August 2021

I am not aware that when a police complaint was given the inquiry has to be stopped.   To my knowledge both are different.  The court requires valid documents and witnesses, whereas an employer performing quasi-judicial authority is having its own powers. to consider those circumstances and documents that may not be valid under Evidence Act.  There are many cases when Police closed the case but termination was effected.  Hope experts clarify the issue.

Dr J C Vashista (Lawyer)     02 August 2021

Departmental inquiry is totally independent to police complaint case (if registered).

1 Like

P. Venu (Advocate)     03 August 2021

Facts posted entails both criminal as well departmental  proceedings?  Has the complainant been made to the police and FIR registered?

Has the departmental proceedings been set in motion? If so, the proceedings could be held exparte, if the delinquent wilfully abstains.

Prakash   03 August 2021

FIR is registered. Internal disciplinary proceedings are underway as mentioned above. I think the decision can be made in their absentia as they declined to attend and braved the management.

P. Venu (Advocate)     03 August 2021

What do you mean by "braved the management"?

Prakash   03 August 2021

Habitual insubordination.

P. Venu (Advocate)     04 August 2021

What is the relevance of insubordination when the charges are on different counts?

Sudhir Kumar   08 August 2021

there is no insubordination in not attending inquiry.

 

The rules provide that the employee has to be given an opportunity of defence. Hence the inquiry is constituted.  If the employee does not want to avails his/her rights no action can be taken and ex-parte inquiry can be conducted. 

 

However, notice of each hearing need to be given as the employee still has right to join inquiry any time.

The departmental inquiry is not hindered even if a criminal case is registered.

Prakash   08 August 2021

In a moodnto defy instructions and continuing fighting mood.

G.L.N. Prasad (Retired employee.)     08 August 2021

The employee can be suspended on such criminal charges pending an inquiry.  Where is the question of defying instructions and in a fighting mood for that employee who was involved in a criminal case or that as he is aware that he will be dismissed ultimately may be deliberately not caring to carryout the instructions, as the maximum of termination is expected by him?  That defiant attitude comes only in desperation as the employer can at the most terminate and once it is confirmed, why one should fear may be his attitude.


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