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Dr J C Vashista (Advocate)     06 November 2018

Seek help of web-site(s) or local seniors, if you can not do research work.

Citations are not supplied on this platform.

G.L.N. Prasad (Retired employee.)     06 November 2018

If you want correct guidance, come out with facts and do not assume things on your own.  The superior's instruction depends on facts and may differ from case to case and also depends on facts/circumstances of that particular incident.

P. Venu (Advocate)     06 November 2018

Your presumption in correct in principle. However, please post the relevant facts so that we can try to provide constructive suggestion.

praveen (psr)     06 November 2018

Sir, Workman was Chargesheet by executive vice president for misconduct and punishment letter signed by vice president. In company herarchry vice president is juniors than executive vice president also appointment if workman is by executive vice president. Workman. Workman refuse to sign punishment letter. Workman was again charge sheeted for willful disobedience and insubordination for refusing to comply with senior order not signing punishment letter.

praveen (psr)     06 November 2018

Sir, Workman was Chargesheet by executive vice president for misconduct and punishment letter signed by vice president. In company herarchry vice president is juniors than executive vice president also appointment if workman is by executive vice president. Workman. Workman refuse to sign punishment letter. Workman was again charge sheeted for willful disobedience and insubordination for refusing to comply with senior order not signing punishment letter.

G.L.N. Prasad (Retired employee.)     07 November 2018

There is no question of superior or subordinate, the disciplinary proceedings stipulate the designated authority that is entitled to the specific cadre of employees.  Do not point out grave mistakes at this point of time, focus on facts and reply, let important things be raised during inquiry questioning such authority if such authority is not empowered to issue charge sheet..  The official formality is employee must accept every letter handed over to him by his superior authority.  Focus on the issue rather than challenging their powers.  Contact Association and go through disciplinary proceedings and the first concentrate on relieving from charges, issues of law can be raised at an appropriate point, focus on facts and your explanation.   Yes.  Any letter must be accepted by the employee.  Punishment letter is after due process of inquiry, principles of natural justice of hearing employee, inquiry report, seeking comments, punishment and then review normally.   If the laid down procedure is not followed, it may help your cause later.  As far as the present issue is concerned to accept all letters served on you.   Contact association or advocate expert in labor matters and with a copy of such laid down Disciplinary proceeding norms of your organization.

praveen (psr)     07 November 2018

Thankyou for reply,

P. Venu (Advocate)     07 November 2018

The lack of jurisdiction, if at all any, is only technical. It may not of much help in the long run. Moreover, this is not all a ground to refuse the comminication. The proper procedure is in following the remedies, as provided by Law, that too, on substantial issues of merit. 


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