Section 27 in The Industrial Employment (Standing Orders) Punjab Rules, 1978
27. Procedure of enquiry and punishment for major misconduct. - No order imposing any of the penalties specified in clause 24 shall be made except after an enquiry, as far as may be, in the manner provided in this rule :-
(a)The employer or the manager or a person authorised by the employer or the manager shall give to the concerned workman a charge-sheet clearly setting forth the imputation of misconduct and the circumstance appearing against him and requiring his explanation.(b)The employee shall be given at least six days for submitting his explanation :Provided that such time may be extended for a maximum period of fifteen days after the expiry of six days, if sufficient reasons are advanced by the employee for seeking an extension.(c)In case the workman fails to submit his explanation within the prescribed time or extended time allowed to him or where the explanation submitted by him is not found satisfactory, the employer or the manager or the person authorised by the employer or by the manager shall appoint a person to hold an enquiry and issue a notice containing the name of the enquiry officer and the date, time and place of the enquiry :Provided that in a case where the workman admits in writing the charges levelled against him and the employer is satisfied that such an admission is voluntary, it shall be open to the employer or the manager to award any one of the punishments provided in clause 24 without holding any enquiry.(d)While holding the enquiry, first of all the evidence produced by the employer against the concerned employee shall be recorded and the accused employee shall be given full opportunity to cross-examine witnesses produced by the management against him. After that the detailed statement of the accused employee shall be recorded and he shall be given full opportunity to state his position in respect of all the evidence produced against him. After this, he shall be asked to produce evidence in defence. In case he does not want to produce any evidence in defence, his statement to that effect shall be recorded by the enquiry officer. If he wants to produce evidence in defence, it shall be recorded. Defence witnesses may be cross- examined by the management's representative.(e)The enquiry officer may ask any question in the interest of justice;(f)If a request is made by the employee, the enquiry officer shall issue a written requisition to the employer to produce before him any document or information in his custody which is considered relevant or necessary for the purpose of the enquiry. The employer shall produce the document or information unless production of the document is prejudicial to the interest of the establishment.(g)The concerned employee shall be furnished with the copies of the documents, statements and depositions sought to be relied on as evidence against him before he is called upon to make his submission to the enquiry officer at the close of the enquiry.(h)The accused employee may cite any employee of the establishment as defence witness. The enquiry officer shall call him to give evidence unless for reasons to be recorded, in writing, he considers his evidence to be irrelevant.(i)At such an enquiry the concerned employee shall be entitled to be assisted by any other representative of a registered [ - ] [Words 'and recognised' omitted by Government of Punjab Notification No. S.R. 114/C.A. 20/46/Section 15/Amd(1)/82, dated the 20th August, 1982.] trade union or a co-worker;(j)The enquiry officer shall on the conclusion of the enquiry, submit his report in writing giving his findings with reasons therefor to the authority, which appointed the enquiry officer;(k)In case the management decides to impose any of the major punishments on the accused employee on the basis of the findings of the enquiry officer, it shall supply a copy of the report of the enquiry officer to the accused employee.(l)The order of punishment shall set forth reasons for the action taken against the employee. A copy of this order shall be given to the concerned employee immediately.Note. - Any notice, order, charge-sheet, communication or intimation under these standing orders which is meant for an individual employee shall be in language understood by the employee concerned. In the case of an employee who is absent, such a notice shall be sent to him by registered post acknowledgement due to his last known address. Evidence may be explained to employee in the language understood by him.
