4
Action-Steps towards Termination of Employment for Indiscipline or Act of alleged Misconduct include:
1. Framing of Charges of Misconduct with Date, Time, Place & Act per se of Misconduct alleged;
2. Issuing a Charge-Sheet r Explanation-seeking Letter informing the Employed Person of the allegations leveled which constitute Misconduct quoting the Standing Order or Service Rules under which s/he is liable to Disciplinary Action and advising the Delinquent Employed Person to submit in her/ his Deence as to why No Disciplinary Action is Due;
3, On rceipt of Explanation/Reply in dence, the Disciplining Authority (Punishing Authority) needs to appoint an Inquiry Officer and Nominate another As Management Representative to Present Management's Case duriing Domestic Inquiry Proceedings and inform th Delinquent Employee to participate in Inquiry on the Date, Time & Plave scheduled by the Inquiry Officer/Committee;
4. The Inquiry must be conducted in accordance with Twin Principles of Natiral Justice and the Inquiry Procedures prescribed for Domestick Inquiries during Which All Reasonable Opportunities should be given to the Delinquent to defend her/his alleged Action including Cross-Examination of Witnesses and or Evidence ;
5. On conclusion of Inquiry Proceedings the Inquiry Oficer/Committee must Submit an Inquiry Report with Conclusive and Deinite Findings to the Appointing Authority who shall Apply her/His Mind to the Findings and
7. Decide to Award Proportionate Punishment or Order Condonation, as the case may be and before Awarding the Final Punishment give a Copy o the Findings to the Delinquent to submit her/his Representation, if any ahgainst the Inquiry Findings.
For any urther clarity please refer to the Provisions of the SO or SR applicable to the delinquent and especially our Supreme Court's Ruling regarding Disciplinary Action.
In Case the Misconduct, under reference is and falls under SHWW (P,P &R) Act 2013, after issuing CS & receiveing Written Explanations from the Employee-Respondent forward the Two Documents to the Internal Committee constituted at the Esta.
Harsh Kumar Sharan,
Kritarth Team
14.7.2020
From India, Delhi
1. Framing of Charges of Misconduct with Date, Time, Place & Act per se of Misconduct alleged;
2. Issuing a Charge-Sheet r Explanation-seeking Letter informing the Employed Person of the allegations leveled which constitute Misconduct quoting the Standing Order or Service Rules under which s/he is liable to Disciplinary Action and advising the Delinquent Employed Person to submit in her/ his Deence as to why No Disciplinary Action is Due;
3, On rceipt of Explanation/Reply in dence, the Disciplining Authority (Punishing Authority) needs to appoint an Inquiry Officer and Nominate another As Management Representative to Present Management's Case duriing Domestic Inquiry Proceedings and inform th Delinquent Employee to participate in Inquiry on the Date, Time & Plave scheduled by the Inquiry Officer/Committee;
4. The Inquiry must be conducted in accordance with Twin Principles of Natiral Justice and the Inquiry Procedures prescribed for Domestick Inquiries during Which All Reasonable Opportunities should be given to the Delinquent to defend her/his alleged Action including Cross-Examination of Witnesses and or Evidence ;
5. On conclusion of Inquiry Proceedings the Inquiry Oficer/Committee must Submit an Inquiry Report with Conclusive and Deinite Findings to the Appointing Authority who shall Apply her/His Mind to the Findings and
7. Decide to Award Proportionate Punishment or Order Condonation, as the case may be and before Awarding the Final Punishment give a Copy o the Findings to the Delinquent to submit her/his Representation, if any ahgainst the Inquiry Findings.
For any urther clarity please refer to the Provisions of the SO or SR applicable to the delinquent and especially our Supreme Court's Ruling regarding Disciplinary Action.
In Case the Misconduct, under reference is and falls under SHWW (P,P &R) Act 2013, after issuing CS & receiveing Written Explanations from the Employee-Respondent forward the Two Documents to the Internal Committee constituted at the Esta.
Harsh Kumar Sharan,
Kritarth Team
14.7.2020
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf