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DISCIPLINARY PROCEEDINGS

malikjs Contributing Member - Member Since: Oct 2008
Subject - DISCIPLINARY PROCEEDINGS
A manager who is authorised by managment for disciplinary proceedings ,was manhandled
by few workers and accordingly they were issued charge sheet duly signed by the same manager.domestic enquiry was conducted and the same manager appeared in enquiry as witnees as he was manhandled.
my question is the person issued the charge sheet can also be witness during enquiry.
tks
j s malik
jitendersyadav Contributing Member - Member Since: Sep 2008
Subject - Re: DISCIPLINARY PROCEEDINGS
No.

Rgds/Jitender
malikjs Contributing Member - Member Since: Oct 2008
Subject - Re: DISCIPLINARY PROCEEDINGS
dear mr yadav
i too agree with you ,waiting for others view for their valuable suggestion.
tks
best - Member Since: Jan 2009
Subject - Re: DISCIPLINARY PROCEEDINGS
my view is chargsheet issuer is not be a witness because it may aries the point of bias view.
rajmore22 Contributing Member - Member Since: Oct 2008
Subject - Re: DISCIPLINARY PROCEEDINGS
Mr. Mallik ji

In my case i have won the case in court where the same case was there like yours, one of my manager was a witness as well as charge sheet issuer, there are some of the judgements by S.C. and H.C. at present i do not have with me but i will give it to you by tomorrow. but the same Manager should not be a having a atuhority of appointing or terminating employees.

Raj
sudhee.dcu - Member Since: Aug 2011
Subject - Re: DISCIPLINARY PROCEEDINGS
Quote:
Originally Posted by rajmore22 View Post
Mr. Mallik ji

In my case i have won the case in court where the same case was there like yours, one of my manager was a witness as well as charge sheet issuer, there are some of the judgements by S.C. and H.C. at present i do not have with me but i will give it to you by tomorrow. but the same Manager should not be a having a atuhority of appointing or terminating employees.

Raj
Dear friend,

Personal bias under the principles of natural justice attracts and become void.

Sudheer
9490758052
boss2966 Contributing Member - Member Since: Jun 2011
Subject - Re: DISCIPLINARY PROCEEDINGS
Dear Friends

If the Charge sheet issuing authority is the offender or witness, then the charge sheet must be issued by a superior than the offender or witness (at least 1 cadre above the offender or witness involved). He cannot even involve in the office matters till the charge gets disposed off.

All the best

 


Topic Categories >> natural justice ° Location-Noida ° domestic enquiry °

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