Disciplinary problems and cases constitute a substantial arena of industrial disputes and labour litigation in the country. In this field of disciplinary litigation, the secret of success is the skill of applying law to the situation of a particular misconduct and the ability to prepare draft and build a record of inquiry which will satisfy the requirements of natural justice, disciplinary law and dicta handed down by the Supreme Court of India from time to time on the manner. The stakes of parties, especially the employers, are heavy in these seemingly simple looking cases, because if a workman is reinstated with back wages, the reward may well run into, on an average amount equivalent to 30-36 months’ wages, the normal period which such a case takes to come to a decision. This work is a practical and pragmatic handbook that explains the minutiae of domestic inquiries and disciplinary cases. It is written for the benefit of both the employers as well as the workmen because it not only explains how to conduct an inquiry but also how a workman can defend himself at the inquiry. The book contains extensively, at every stage, drafts which the parties have to prepare, but e also an operating manual by giving minutest details of step-by-step proceedings of the domestic inquiry. Case-study method, a modern management technique, has been employed. The present work has been designed to fill up a long felt need for such a practical handbook.
G.M. KOTHARI’S
HOW TO CONDUCT & DEFEND
DISCIPLINARY INQUIRIES & CASES
THIRD EDITION 2008
General Contents
GENERAL CONTENTS
Title Page iii
Preface to the third edition v
Preface to the second edition vii
Preface to the first edition ix
Contents xiii-xliv
Table of Cases xlv-cxxii
Subject Index 789-826
CHAPTER PAGE
I. NATURE OF DISCIPLINARY JURISDICTION 1
II. RULES OF NATURAL JUSTICE 7
III. ACTIONABLE MISCONDUCT 23
IV. AUTHORITY TO TAKE DISCIPLINARY ACTION 79
V. TAKING DECISION TO INITIATE A DISCIPLINARY IN-QUIRY 91
VI. DOMESTIC OR CRIMINAL PROCEEDINGS OR BOTH? 131
VII. POWER TO DISPENSE WITH ENQUIRY 143
VIII. HOW TO DRAFT THE CHARGE-SHEET 159
IX. SPECIMEN FORMS AND PRECEDENTS OF CHARGE-SHEETS 193
X. SERVICE OF CHARGE-SHEET 209
CHAPTER PAGE
XI. PASSING SUSPENSION ORDER 217
XII. APPOINTMENT OF INQUIRY OFFICER 239
XIII. WHO CAN REPRESENT AT THE DOMESTIC INQUIRIES 255
XIV. PRODUCTION AND INSPECTION OF DOCUMENTS 277
XV. HOW TO CONDUCT A DISCIPLINARY INQUIRY 293
XVI. HOW TO APPRECIATE THE EVIDENCE IN DISCIPLI-NARY MATTERS 355
XVII. HOW TO PREPARE THE FINDINGS & REPORT OF OF-FICER 401
XVIII. ROLE OF DISCIPLINARY AUTHORITY AFTER RECEIPT OF REPORT OF ENQUIRY 415
XIX. PUNISHMENT 461
XX. PERMISSIBILITY OF TERMINATION WITHOUT ENQUIRY 529
XXI. TERMINATION OF SERVICE ON RESIGNATION 595
XXII. APPEAL AND REVISION 605
XXIII. REINSTATEMENT, BACK WAGES AND COMPENSATION 619
XXIV. JUDICIAL REVIEW OF DISCIPLINARY MATTERS 669
XXV. RECORD OF A TYPICAL DOMESTIC INQUIRY 743
XXVI. DISCIPLINARY ACTION DURING PENDENCY OF INDUSTRIAL DISPUTES 755
XXVII. JURISDICTION OF CIVIL COURTS AND ADMINISTRA-TIVE TRIBUNALS 779
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