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Vijaykumar (Legal Offier)     20 March 2015

Domestic enquiry

Respected Experts, 

A domestic enquiry has been initiated against an employee for an act of misconduct under the services rules and regulations. The said enquiry is pending. The delinquent employee is on duty and his increment is due. Would like to know if the delinquent is entitled for an increment/promotion while the enquiry proceedings are still on? Should the increment be put on hold till the completion of the domestic enquiry? Also would like to know if the increment is processed and later the the delinquent is found guilty of misconduct what options does the management are left with? Looking forward for your valued guidance in the matter. Thank you. 

Regards, 

Vijaykumar Iti

P.S. The enquiry officer is yet submit the findings report in the matter..



Learning

 4 Replies

arulprasath (HR & Legal)     20 March 2015

Dear

 

Domestic enquiry is the process of seeking the natural justice against the employee alleged misconduct without any projudice. During proceedings, if management taken any action against delinquent like holding increment or promotion etc., that will be consider as employee has been already punished or management taken the biased decision. Better you can advice management has not to take any action before completion of proceedings. The result of enquiry will found guilty then you can take any action and its safe as well.  

Regards

G. ARUL PRASATH

kavksatyanarayana (subregistrar/supdt.(retired))     20 March 2015

when an enquiry is pending against an employee, in such condition such employee cant get promotion or increment ect.  after completion of enquiry, action will be taken as per findings on the enquiry.  this is for information.

arulprasath (HR & Legal)     20 March 2015

Yes, in case of an employee under suspension for pending enquiry that promotion or increment will not be applicable, during the enquiry that employee is on service then treated as ordinary one till get the enquiry findings.

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

In case departmental enquiry is under progress, any increment or promotion falling due during the period of such enquiry shall be withheld till completion of enquiry. On completion of enquiry, if charges are found baseless or false and employee is acquitted, such benefits are restored with retrospective effect.


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