Departmental enquiry without written notofication

Hi Araniguha,

In case of Any Inqueiry, it should start with Show cause notice/ charge sheet to given to person, its basic rights of defendant to know that, which are the charges are charged on him/her & on the ground of nature justice hi/she has rights to express his view / defend on it.

In fact, as per code of criminal procedure, in case of any criminal, accused has right know the what are the charges putted on him & he has rights to communicate to his relative or advocate.

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L. (Hons)

Hi

Any diciplineary action taken against alleged misconduct employee should be given writen show cause and provide adequate opportunity to defendent to prove. After receiving of writen explanation from delinquent and; if management has not satified on explanation then proceed with second show cause or issue the detailed charge sheet. Further starting domestic enquiry with suitable unbiased person. The enquiry copy shall be given to the delinquent.

If enquiry will conduct with in the department or with out following above will be consider as internal discussion and could not be taken any action against alleged misconduct, or else it is treated as unfair labour practice.

Enquiry without due procedure may get termed as Sham.

Originally posted by : Tushar Swar
	Hi Araniguha, In case of Any Inqueiry, it should start with Show cause notice/ charge sheet to given to person, its basic rights of defendant to know that, which are the charges are charged on him/her & on the ground of nature justice hi/she has rights to express his view / defend on it. In fact, as per code of criminal procedure, in case of any criminal, accused has right know the what are the charges putted on him & he has rights to communicate to his relative or advocate. Regards, Tushar Swar ACHRM, MBA-HR, D.L.L. (Hons)

sorry.  CrPC does not apply to departmental proceedigs.

I am not able to agree or evendisagree with aby expert above.  The queriet has not even bothered to intimate whether it is govt employment or  what is the background of the case

Without the vital details no considered views can be formed. 

It is a government employment. An internal fact finding Inquiry resulted in to show cause letter which is asking why deciplinary action will not be taken on the charges the defendent has 'found guilty'. No notice served, no order passed, no report was given to the defendent.  

Originally posted by : araniguha
	It is a government employment. An internal fact finding Inquiry resulted in to show cause letter which is asking why deciplinary action will not be taken on the charges the defendent has 'found guilty'. No notice served, no order passed, no report was given to the defendent.

Nothing illegal so far. No notice is needed for fact finding inquiry.  SCN has been issued and you can present your view point.  Though not mandatory to provide but you can seek copy of the  Investigation report for replying to the SCN.  All statutory rights commence only after chargesheet is issued. 

It has been stated that the defendent is "found guilty". That is violation of natural justice.

Originally posted by : araniguha
	It has been stated that the defendent is "found guilty". That is violation of natural justice.

But as you stated it is still SCN and not a penalty order.  Based on your reply the Disciplinary Authority has to decide whether or not to issue chargesheet.

SO far no action appear illegal (atleast as appearing from the facts so far revealed by you. I expect you will be sharing facts on instalement basis.