Dear Friends,
Even if the charge sheet is not served upon the erring employee and merely the charges are read out, there is no presenting officer from the management side in the domestic enquiry, dismissal based on such disciplinary proceedings would not be invalid.
Kerla High Court in the case of High Range Estate Employees Association vs. Industrial Tribunal recently held so.
In this case no charge sheet was served upon the employee but the charges were read over to him. There was no presenting officer appointed by the management in the enquiry.
Courts said that procedure to be followed in the domestic enquiry is not statutory in nature. They are laid down by judicial decisions. Mere violation of such procedures itself does not amount to violation of principles of natural justice. The rules of natural justice are not to form but of substance.
Though this judgment will have a binding force in Kerla State only but can also be cited / used in other states for persuading purposes. This judgment has moved in the direction of changing the basic concept of principles of natural justice laid down decades ago by apex court of the country.
Any one interested may ask for copy of the judgment.
regards,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
Smriti Sadan,28, Raghu Marg, Alwar - 301001 (Raj.) India
akaushikus@yahoo.com
