Administration Manual - B.E.S.T. Undertaking.

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their witnesses must be called and be available for examination.
The evidence collected at the enquiry must be recorded and made
available to the employee upon application for it in the event that he
may go in appeal.
JUDGEMENT:
The Trying Officer will follow the following sequence.
(a) Particulars of persons attending the enquiry including
representatives must be stated.
(b) The charge framed against the employee should be clearly
defined.
(c) A discussion of the circumstances and facts of the case on high
charges are based is to be stated along with the evidence deposed
at the enquiry including submissions made by the employee or
his representative on behalf of the former.
(d) Arrive at a verdict on the basis of the facts and charges.
(e) Refer to the employee’s staff record to ascertain his past record
and whether there are any extenuating or aggravating
circumstances to be taken into account.
(f) Order or recommend the final punishment to be imposed after
asking the employee to show cause why the punishment should
not be imposed on him.
To consult the employee’s service record is mandatory. Where more than one
charge is made against an employee, each charge should be dealt with separately
and verdict in each of them should be given.
Orders of dismissal and discharge must be carefully worded.
Dismissal is to dispense with the employees service forthwith
without notice or pay in lieu thereof. Discharge is to terminate
services after due notice or pay in lieu thereof.
Dismissal entails loss of accrued benefits such as leave at credit.
Undertaking’s contribution to P.F., to the extent permissible under
the E.P.F. Act, Gratuity etc. while discharge, does not do away with
such benefits.
In cases of every serious nature, an employee may be suspended
pending enquiry. The order must be in writing and suspension
takes effect on delivery thereof. A mention of this is to be made in
the chargesheet.
During the period of suspension pending enquiry, the employee is
entitled to draw and must be paid subsistence allowances at rates