The procedure for taking any disciplinary action against employees is well-defined and codified under the Bipartite Settlement dated 10th April, 2002 between the Union and the management (IBA).The nature of charges that can be leveled against the employees is categorized and grouped as Major Misconduct and Minor Misconduct.Types of punishments that management can impose on the employees for any proven misconduct are also defined in the Settlement.Management has to follow the set procedure and prove the charges before imposing punishment.
Employee has the right to be defended by the Union.
Hence whenever any memo, charge-sheet, show-cause letter is given to any employee, the union should be contacted. No reply or any statement or apology letter should be given without consulting the Union. Union will guide the employees to submit suitable reply.Employees should learn and be thorough with their work, rules and procedures, be courteous to customers and superiors, follow the laid down instructions, etc. so that no room is given for any disciplinary action.Special caution is necessary while working in the computers like non-handing over the password, etc., to avoid misuse by others.
Procedure:
• When there is an allegation/complaint against an employee for any misconduct, memo will be given by the management seeking his / her explanation.
• If reply is satisfactory, management can close the matter and not proceed further.
• If reply is not satisfactory, charge-sheet will be given by the Disciplinary Authority detailing the charges.
• After the issuance of charge-sheet, an Enquiry Officer will be appointed to conduct the enquiry proceedings.
• Pending enquiry or initiation of such enquiry, the employee can be suspended from service if warranted
• In the Departmental Enquiry, the employee has the right to be defended by his trade union representative.
• In the enquiry, employee will be asked to plead guilty of the charges or not.
• If the employee pleads guilty, Enquiry Officer will submit his report accordingly to Disciplinary Authority who will propose the punishment.
• If the employee pleads NOT GUILTY, Presenting Officer (P.O.) will file the list of documents and witnesses.
• Charge-sheeted Employee shall also be permitted to produce his witnesses / documents, if any.
• After completing the examination, cross-examination, perusal of the document’s, etc. by both sides, Presenting Officer will submit his written submission to Enquiry Officer.
• Charge-sheeted Employee can submit his written submission to Enquiry Officer on receipt of Presenting Officers’ written brief.
• Enquiry Officer submits his findings to the Disciplinary Authority.
• Disciplinary Authority forwards Enquiry Officers’ findings to Charge-sheeted Employee and call for his comments.
Where Enquiry officer says that charges are not proved :
• Disciplinary Authority can agree and exonerate the Charge-sheeted Employee.
• Disciplinary Authority can disagree and still hold the charges as proved and impose punishment after serving his own findings to the Charge-sheeted Employee for comments.
Where Enquiry Officer says that charges are proved :
• Disciplinary Authority will give a show cause notice to the Charge-sheeted Employee proposing the punishment.
• Charge-sheeted Employee can reply to the show-cause notice. He shall also be given a hearing as regards the nature of proposed punishment.
• Disciplinary Authority will then pass the final order – but cannot enhance the already proposed punishment – he can reduce the punishment.
• Charge-sheeted Employee can make an appeal to the Appellate Authority.
• Appellate Authority will pass an order either confirming or reducing or setting aside the Disciplinary Authority’s order.
• Appellate Authority cannot enhance the punishment.