Can our management give different treatment two employees for same mis-conduct?
DKTAZILANOM9909
(Querist) 05 November 2013
This query is : Resolved
Dear Sir,
We are working In a PSU in Executive cadre and guided by CDA (Conduct, Discipline & Appeals) Rules as applicable to that PSU. Recently one of my friends is charge sheeted, suspended and enquiry was instituted as well for some alleged misconduct as levelled against him by our Management. But surprisingly one of friend’s colleagues who were also doing same jobs with my friend was spared. No charge sheet, suspension and Enquiry were instituted against him. My question is does Management do this by giving charge sheet and suspension order leaving other spared? How this case can be dealt with by my friend?
regards,
TAPAN DAS
ajay sethi
(Expert) 05 November 2013
rules are applicable to all employees . if your friend has been guilty of misconduct management is at liberty to take disciplinary proceedings against said friend .
he has to fight case on merits that no misconduct has been committed by him which would warrant discliplinary proceedings beeing instituted . in his defence he can take the plea that in identical case no action was taken against another employee although he had indulged in similar misconduct
Rajendra K Goyal
(Expert) 05 November 2013
Your friend has been charge sheeted and he has to defend it by giving ample proofs of innocence enabling him for exoneration. If he want that another person who has done similar misconduct be also charge sheeted and be proceeded against he may lodge complaint to higher authorities through proper channel with direct copy endorsed. I doubt, pleading that another person has also done similar misconduct and was not proceeded against, will help your friend in the proceedings, but may result in starting disciplinary proceedings against other person.
Raj Kumar Makkad
(Expert) 05 November 2013
I do endorse the advice of Rajender K Goyal.
