Office premises two employees were quarreled - reg
JAGADEESH
(Querist) 24 May 2021
This query is : Resolved
Respected Sir/Madam,
1. In our Company two employees were quarrelled (Shri.Gupta age 59 Yrs and Shri.Rajan Age 37 Yrs).
2. During the incident, when Shri. Gupta came out from his cabin and attacked to Shri. Rajan, in the attack Shri. Gupta caught hold of Shri. Rajan neck and pulled his Identity card. Immediately Shri. Rajan by protecting himself Shri. Rajan pushed him aside. Due to which Shri. Gupta fell down on the other side window edge, in this course of action small head injury happened to Shri. Gupta and blood whooshed to Shri. Gupta.
3. On the same day 15 minutes before to this incident Shri. Gupta discussing with other co-employee Shri.Satish that he will damage the name of Shri. Rajan and he was abusing Shri. Rajan with bad words.Shri.Satish approached HR Department and told that Shri.Gupta scolding Shri. Rajan with bad words in front of others. After listening Shri. Satish Complaint Shri. Rajan trying to approach Plant Head for submitting his complaint against Shri. Gupta during the course of action Shri. Gupta came out from his cabin and attacked Shri. Rajan as mentioned above. The entire episode recorded in CCTV footage.
4. Shri. Gupta is a Officers Association elected member and Shri. Rajan is a HR team member. Being a Officers association elected member with the political influence Shri. Gupta always troubling all the other co-employees including C&MD of the company. When incident happened to C&MD that time an FIR also filed against and disciplinary actions initiated against Shri. Gupta.
5. The Management initiated disciplinary action and served Charge sheet for both employees.
Now my query is Management is required to consider Shri.Gupta past behavior as mentioned in the point number 5 and 15 minutes to the incident behavior for disciplinary proceedings as mentioned in the point number 3 , as Shri.Gupta influencing politically and trying to punish Shri. Rajan.
Request to all members please may respond and guide for further.
Regards,
Jagadeesh
Sankaranarayanan
(Expert) 24 May 2021
in his reply to the show cause notice he has to add the details about the CCTV footage and the statement given by mr,Satish for which he can
better to approach labour oriented practicing lawyer and submit the reply
kavksatyanarayana
(Expert) 24 May 2021
Yes. Agreed with the reply of the above expert Mr.sankarnarayan Sir.
T. Kalaiselvan, Advocate
(Expert) 25 May 2021
The CCTV footage and other evidences are against Gupta, hence it would be easy for the disciplinary committee to frame the charges and initiate proper action as per the company rules and regulations including termination of his employment.
While the standard of proof in a criminal case is a proof beyond all reasonable doubt, the proof in a departmental proceeding is preponderance of probabilities.
However the diciplinary proceedings are to be conducted in a fair and transparent manner.
Reasonable Opportunity to be given to the delinquent employee
• Must be in conformity with the principles of
natural justice :
- Opportunity to deny the charges
- Opportunity to defend by cross examining the witnesses
- Charges must be specific
- Charges must be intimated
- Must be given reasonable time.
Now the ball is in the court of the departmental inquiry committee, they may initiate action as per law and the regulations of the company.
K Rajasekharan
(Expert) 25 May 2021
If these are the true testimony of facts then the person who deserves punishment in the incident, as it appear to me, is Gupta alone.
But there is nothing wrong in issuing charge sheets against both who quarrelled within the premises of the office in front of others / camera, as it is not possible to find out who is actually guilty prior to completing the enquiry.
The other person, Shri Rajan, has every right to protect him against any attack on him, even if it leads to some hurt on the other party, so long as no more force is exercised except for self protection by him.
If the disciplinary committee is one that can be influenced by political organisation which is close to Gupta, it would be of no use or value in speaking the merit of the issue in this forum. The committee and authority should function without being influenced by such extraneous factors.
The court cannot consider previous bad deeds of am accused as per evidence act, but the organisation can give some consideration to that factor also as evidence act is not applicable in disciplinary proceedings.
If an FIR is filed against Mr Rajan he can face the trial and he will come out successfully if the use of force by him is to self protect him.
If the organisation goes against Rajan in disciplinary action the one thing he can do is to approach the appeal authority/ administrative tribunal / high court with appropriate petition.
Isaac Gabriel
(Expert) 25 May 2021
Assaulting and bloodstins have been reported. Did the Management or individuals made police complaints? In civil service no criminal disciplinary action could.be initiated.
Dr J C Vashista
(Expert) 25 May 2021
Gupta and Rajan have quarreled and Management has taken cognizance.
Disciplinary action is stated to have already been initiated.
Whether a police complaint / FIR has also been lodged against Gupta ?
What is your concern / locus standi and problem ?
P. Venu
(Expert) 25 May 2021
It is premature to offer any suggestion, when admittedly, departmental as well as criminal proceedings are in progress.
