Dear all, Kindly share you views, can a manager can be issued a chargesheet and placed under suspension on the basis of a verbal complaint of a fourth class contract employee. Please guide. SANJAY
From India, Ghaziabad
From India, Ghaziabad
Dear Sanjay, With ref to your query without a written complaint or without any enquiry you can’nt suspend or charge sheet to any employee.
From India, Delhi
From India, Delhi
Dear Sanjay,
With out any written complaint a charge sheet should not be issued & copy of the coplaint should be attached to the charge sheet. Pl write at letter asking for the complaint & obtain acknowledgement. If they have not issued the copy of the complaint even after the request then this point can be raised in the domestic enquiry and enquiry and ensure that it is mentioned in the enquiry proceedings. With out a complaint this entire episode is going to be a cooked one with vested interests and the enquiry if organized going to be vitiated.
Regards - kamesh
From India, Hyderabad
186With out any written complaint a charge sheet should not be issued & copy of the coplaint should be attached to the charge sheet. Pl write at letter asking for the complaint & obtain acknowledgement. If they have not issued the copy of the complaint even after the request then this point can be raised in the domestic enquiry and enquiry and ensure that it is mentioned in the enquiry proceedings. With out a complaint this entire episode is going to be a cooked one with vested interests and the enquiry if organized going to be vitiated.
Regards - kamesh
From India, Hyderabad
Dear Mr.Sharma, Enquiry is followed by charge sheet / suspension hence complaint is required for chargesheeting an employee. Regards - kamesh
From India, Hyderabad
From India, Hyderabad
Dear Sanjay,
General principle is that suspension of an employee is not concerned with verbal or written complaint. Even Charge sheet is also not concerned with verbal or written complaint. It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and there after 75% salary will be paid to you. Charge sheet is to be issued by the authority (whether complaint is in writing or verbal or it may be of his own observations) and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.
Thanks
V K Gupta
From India, Panipat
General principle is that suspension of an employee is not concerned with verbal or written complaint. Even Charge sheet is also not concerned with verbal or written complaint. It is the prerogative of the authority to suspend an employee pending enquiry and keep under suspension. Authority has to enquire into the matter with in specified time limit and take decision. If authority fails in their exercise, then they have to pay you full salary and all consequential benefits. Otherwise during suspension half (for specific period) and there after 75% salary will be paid to you. Charge sheet is to be issued by the authority (whether complaint is in writing or verbal or it may be of his own observations) and it is their duty to prove charges contained in the charge sheet. You will be provided details of charges and witnesses before hand and you will be provided full opportunity to examine & cross examine their witnesses and also to produce your own witnesses and evidences in your defense.
Thanks
V K Gupta
From India, Panipat
Dear Seniors
If the charge sheet is issued without the sanction of law
Then what will happen about the charge sheet.
In my case charge sheet was issued but there was no such clause in my appointment letter.
They issued the charge sheet under Model Standing order but my service is not governed by that statute.
Please Guide me properly.
Thanks
From India, Calcutta
If the charge sheet is issued without the sanction of law
Then what will happen about the charge sheet.
In my case charge sheet was issued but there was no such clause in my appointment letter.
They issued the charge sheet under Model Standing order but my service is not governed by that statute.
Please Guide me properly.
Thanks
From India, Calcutta
I don't understand why members post queries with vague and incomplete information and how do they expect proper response. Both the original query and the new one added to it is incomplete and does not provide details of the circumstances and other vital information.
To all those who insist that a written complain is required to make it valid, please tell me what happens if the employee is illiterate ? Will an illiterate employee not have a recourse ? Absence of a written complain negates the wrong doing ? If complete details of the complain and the incident is provided in the charge sheet which is given to the manager, does that not suffice ?
About the original post, why is there an emphasis on the complainant being a class 4 contract employee ? Are you against a manager being suspended on complaint of a class 4 employee (sweeper, Poen, etc) oe that he complain is from a contract worker ?
From India, Mumbai
To all those who insist that a written complain is required to make it valid, please tell me what happens if the employee is illiterate ? Will an illiterate employee not have a recourse ? Absence of a written complain negates the wrong doing ? If complete details of the complain and the incident is provided in the charge sheet which is given to the manager, does that not suffice ?
About the original post, why is there an emphasis on the complainant being a class 4 contract employee ? Are you against a manager being suspended on complaint of a class 4 employee (sweeper, Poen, etc) oe that he complain is from a contract worker ?
From India, Mumbai
Which appointment letter have you seen that States that you can be issued a charge sheet ?does any company put such a thing in the appointment letter ?
They have issued a charge sheet, you claim that it does not have the sanction of law. In what way ? Are you saying that company has not followed the correct procedure or that they are not allowed to issue you a charge sheet ? If they are not required to issue a charge sheet, then they can simply terminate you without a charge sheet right ?
Also tell me why you think the standing orders do not apply
From India, Mumbai
They have issued a charge sheet, you claim that it does not have the sanction of law. In what way ? Are you saying that company has not followed the correct procedure or that they are not allowed to issue you a charge sheet ? If they are not required to issue a charge sheet, then they can simply terminate you without a charge sheet right ?
Also tell me why you think the standing orders do not apply
From India, Mumbai
Dear Banarjeeji,
Even if the complainant is illiterate then also it is Management responsiblity to take it in writing, take compainant thumb impression on it. It should be authonticated by 2 witnesses, in whose presence the complaint is narrated and written.
Suspending employee on oral complaint may not sustained in Domestic Enquiry. Before conducting Domestic Enquiry, the Management must put all evidence in order, otherwise charges are liable to be sqashed.
Lookikng forward for your opinion.
Regards,
Avinash K.
From India, Mumbai
Even if the complainant is illiterate then also it is Management responsiblity to take it in writing, take compainant thumb impression on it. It should be authonticated by 2 witnesses, in whose presence the complaint is narrated and written.
Suspending employee on oral complaint may not sustained in Domestic Enquiry. Before conducting Domestic Enquiry, the Management must put all evidence in order, otherwise charges are liable to be sqashed.
Lookikng forward for your opinion.
Regards,
Avinash K.
From India, Mumbai
Dear Avinash,
Pls go through my reply above. I again reiterate that it is the prerogative of the authority/management on which fact/complaint they rely and in which form (verbal or written) to be accepted and it is their duty to prove the charge so contained in the Charge Sheet. Complainant can deviate from his original verbal statement or can go in your favour lateron? It is upon you to negate and prove that the complaint and subsequent charge sheet is wrong. For explanation purpose, I accept your version of written complaint as correct, then let me know would you accept the complaint as correct and say that charge is correct. If not, then what makes difference in written or verbal complaint?
Further more, if any body finds that charge sheet is on the basis of verbal complaint and is not satisfied with his suspension, then he is free to move court of law to challenge his suspension as management/authority order of suspension can be challenged in court.
Further to place all evidence on file is also duty of the management to prove their contentions and we have not to teach others about their duties but we at forum supposed to guide members. I may add that management also thinks twice before suspending an employee because they have to pay him without any fruitful output and to face litigation and expenditure.
Discussion & explanation on your question is long enough and request you to under stand the jurisdiction of each authority and we can not interfere with the jurisdiction of higher authorities except to challenge.
Eager to reply your further query........
Thanks
V K Gupta
From India, Panipat
Pls go through my reply above. I again reiterate that it is the prerogative of the authority/management on which fact/complaint they rely and in which form (verbal or written) to be accepted and it is their duty to prove the charge so contained in the Charge Sheet. Complainant can deviate from his original verbal statement or can go in your favour lateron? It is upon you to negate and prove that the complaint and subsequent charge sheet is wrong. For explanation purpose, I accept your version of written complaint as correct, then let me know would you accept the complaint as correct and say that charge is correct. If not, then what makes difference in written or verbal complaint?
Further more, if any body finds that charge sheet is on the basis of verbal complaint and is not satisfied with his suspension, then he is free to move court of law to challenge his suspension as management/authority order of suspension can be challenged in court.
Further to place all evidence on file is also duty of the management to prove their contentions and we have not to teach others about their duties but we at forum supposed to guide members. I may add that management also thinks twice before suspending an employee because they have to pay him without any fruitful output and to face litigation and expenditure.
Discussion & explanation on your question is long enough and request you to under stand the jurisdiction of each authority and we can not interfere with the jurisdiction of higher authorities except to challenge.
Eager to reply your further query........
Thanks
V K Gupta
From India, Panipat
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