Disciplinary Procedure
Complied By
Pravat Ghose, HR Manager
ACI Limited
Ref: Labour Act 2006 &
Disciplinary Action in Non-Government Organization by Adv. S. A. Huq
Ground rules
NO CELL PHONES
Participation and sharing of Knowledge is
Compulsory
Speak One-at-a-time
When facilitator speaks, no one else does
Be candid and honest
Strive for consensus decision
LISTEN
Critique but NOT criticize
Objectives of the presentation
Upholding the value ‘Fairness’
To understand the basic principle of
Disciplinary procedure
To know about the steps of disciplinary
procedure
To conduct a successful domestic enquiry
To prepare report on domestic enquiry
Purpose
For Ensuring Principle of Natural Justice
What is Principle of Natural of Justice?
Essentials
Reasonable Man’s Test
Applying common consciousness
Role of a Judge
Balance of Proof
Reasonably proved as it is civil in nature
Steps of Domestic Enquiry
1. Preliminary Enquiry, if required
2. Charge-Sheet
3. Delivery of Charge-Sheet
4. Consideration of Explanation
5. Selection of Enquiry Officer
6. Issuing Enquiry Notice
7. Proper Domestic Enquiry
8. Report of Enquiry Officer
9. Consideration of Enquiry Report by the authority
10. Awarding Punishment
11. Delivery of Punishment Letter
1. Preliminary Enquiry
Not required by Law
Where documentary evidence is not available
To find out real accused
2. Charge-sheet & Drafting of Charge-sheet
To inform the charge elaborately to the accused.
Should be circulated in the known language of the accused
(Though there is no hard and fast rule).
There is no specific limitation for serving charge-sheet or show-
cause but it is better to serve as soon as possible.
An official with the definition of employer or with a delegated
authority can serve the charge-sheet. (It is derived from common
law).
Management can reissue a corrected charge-sheet, if necessary.
Charge-sheet must be clear and specific.
Charge-sheet must have Nature of misconduct, Place of
occurrence, Time and Date and Role of accused.
In case of charge of theft it is necessary to mentioned the names
of items which have been misplaced.
3. Delivery of Charge-sheet
Through hand to hand, is possible. Employer should
have a received copy.
Through registered mail. Registry slip should be kept
with care.
In present law, accused will have seven days from the
date of receiving the letter.
Extension of time can be considered if accused apply.
Question: How long should we wait for reply (in case sending through
registered mail)?
Answer: A reasonable period. Fourteen days. (7 for mail delivery+4 days for
legal requirement)
4. Consideration of Explanation
It must be received by the authority.
It should be considered judiciously.
If someone commits the crime, it is not
necessary for conducting enquiry. In that case
lenient punishment can be given following
17(2) of BLA 2006 considering his past
records.
5. Selection of Enquiry Officer
Only one person is enough. Nomination of more than
enough is also acceptable
Note: Number of enquiry officer is not a factor.
The method of enquiry is important.
All staff, holding upper position to accused, can conduct the
enquiry except,
i. Those who are witness
ii. Those who are involve in preliminary enquiry or those
who are well-aware of the incident
iii. Those who have animosity or good tie with accused
iv. Management can appoint an external person as an
enquiry officer
6. Issuing Enquiry Notice
Notice of Enquiry can be served by the person
who issued the charge-sheet or by the enquiry
officer.
Note: It is necessary give 3 or 4 days time to
accused after receiving the notice of enquiry.
Sec. 18 of S.O. Act, 1965, Subsection (b)
7. Proper Domestic Enquiry
This is the most important part in disciplinary process.
Note: In a case where there is no rules and regulations for conducting enquiries, the principal
of natural justice is to be followed.
- DLR 90, Page 60; Ahsanul Hoque Vs Agrani Bank
Enquiry has to be conducted infront of the accused
Enquiry will be opened through petitioner’s statement and witnesses’ statement on his
favour.
The statement of accused cannot be taken in opening.
The accused must be given enough chance to cross-examine the petitioner and his
witness (S. 24, Sub S. 5). If he is not willing to question, it must be noted in proceedings.
After that accused will be invited to produce his witness. If he is willing to produce
witness, it must be noted down in the proceedings.
After the recording the statement of accused witness, Enquiry Officer will cross-examine
the witness.
All participants of the enquiry must sign in the proceedings of the enquiry
The petitioner must be present and accused must be given chance to cross-examine
him/her.
Role of an enquiry officer
As a Judge
The enquiry officer is engaged in a fact finding mission only. His
report is not binding on the punishing authority. His main
function is to help the punishing authority to come to a definite
conclusion regarding the guilt of the accused.
During the course of the enquiry, the Enquiry Officer’s conduct
and manner of handling enquiry should be such as not to give any
scope for any party to allege that he was partial. He should treat
both parties equally and courteously and come to a decision in an
objective manner supported by evidence on record.
At the opening Enquiry Officer must read out the charges to
Accused and ask him/her whether he/she understand the charge.
Modern Enquiry
Representative (S. 24, Sub-section 4, BLA 2006)
Previously in Traditional Enquiry there was no provision of Representative.
That’s why, it becomes the responsibility of Enquiry Officer to call the witness
and cross-examine the witness which vitiates the role of impartial judge.
In Modern Enquiry, management can nominate a representative to help the
Enquiry Officer/Committee. Similarly, accused can bring his own representative.
Representative must be an employee of the organization. No external person or
advocate is allowed to be the representative.
Case Law:
Where the presenting officer in the enquiry is a legally trained person then
because of him the charge-sheeted employee also demanded to be represented by
an Advocate in the enquiry amounts to denial of reasonable opportunity of
hearing and it violates the Principle of Natural Justice.
- (1987) 2 SLR 209 (Cat.)
Modern Enquiry
Witness:
Accused may bring many witness in favour of him. Enquiry
Officer is free to declare that he is going to accept 3/4 person as
witness; not more than that.
Statement of the witness must be recorded one by one.
It is wise to collect the list of witness at the beginning of enquiry.
It makes the process faster. Enquiry Officer will first record the
statement of witness and then go for question & answer method.
Note: Evidence Act is not applicable in the process of Domestic
Enquiry. So legal knowledge is not required for conducting
enquiry.
Modern Enquiry
Ex-parte :
If accused remains absent after receiving the notice of enquiry on
due time, then Enquiry Officer can conduct ex-parte enquiry.
At time of conducting ex-parte enquiry, Enquiry Officer should
be more cautious.
It is better to start ex-parte enquiry after keeping it postponed for
an hour or two keeping note. Then he should start it again with a
note: it is ___am/pm. “As accused remains absent, I have to start
ex-parte enquiry”.
It is essential for Enquiry Officer to cross examine the witness of
petitioner or management representative and witness which is not
a compulsory matter in normal case.
Modern Enquiry
Postponed of Enquiry
It can be postponed having request from the accused.
If enquiry cannot be finished within one day.
Enquiry Officer must keep a written note on proceeding mentioning the
time, date and place to resume the process in next time.
Mandatory Questions to ask accused at the closing
All witness gave statement infront of you?
Have your receive ample opportunity to cross-examine them?
Have your got opportunity to produce your witness?
Have you got chance of self-defense independently and without fear?
Do you have any thing to say?
Note: It is advised not to make hurry at the time of conducting enquiry.
Delayed procedure may also vitiate the process. Duration should be
reasonable.
8. Report of Enquiry Officer
Enquiry report should be concise.
Findings with reason.
Just carry the comment, not any
recommendation for punishment
10. Awarding Punishment
Sec 23, Sub Sec. 2 (Bangladesh Labour Act 2006)
Dismissal
In lieu of dismissal
1. Discharge or Suspend
2. Demotion in lower grade or payscale upto one year
3. Ceasing increment and promotion upto one year
4. Fine
5. Engage in work without pay upto 7 days or suspension for
week without pay
6. Warning, Rebuking
11. Delivery of Punishment Order
Sec 24, Sub Sec. 9 (Bangladesh Labour Act 2006)
A copy to awarding punishment must be given to the
accused.
If he refuses to receive, it must be send through
registered mail to addresses found in personal record.
Hanging in Notice Board.
Question and Answer
Thank You
