Discipline, Charge-Sheet

A Company does not have clearly set out rules on disciplinary action. Neither anything substantive on discipline is mentioned in the appointment letter or in the service manual.
Serious misconduct has been reported against one of the Managers of the Company. Under what regulations can a charge-sheet and disciplinary proceedings be initiated against the Manager? The Manager draws salary more than Rs. 50,000.00 per month.
Request views from learned friends please.

dear
company should have service rules or standing orders duly certified by DLC,where all misconducts are defined.
If your company does not have which is a requirment than you can take action against him as per the model standing orders
where all misconducts are defined

dear friend,
A manager doing serious misconduct, if it is confirm, then for what you are waiting for????????
A manager doing serious misconduct calls for his termination immediately. It is image of your company.

Dear
In the Appointment letter for the Manager you must have included a condition on Honesty and diligence.You can frame a charge memo under that clause.
With Regards
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Dear Sir,
Request you to kindly clarify if you are absolutely sure that standing order act/ model standing order are applicable/ can be referenced for employees who in no way fall under the category of "workers" and are infact in the "manager" category. If so, then can you please provide case laws supporting such an interpretation?
Regards

Hi,
A person at a monthly salary of 50,000/- usually will not be covered under the purview of standing orders ( model/ certified). Usually in an organization there will be a separate code of conduct for such category of employees.
How ever irrespective of presence of standing orders/ code of conduct, in case of serious misconducts like the following
- fraud/ dishonesty/ breach of trust/ leaking of confidential information, sexual harassment/ theft/ tapering the documents/ fights/ threats/ intimidation/ corruption
insider trading etc;
can be directly tried under the judiciary by filing a police complaint and by initiating criminal proceedings.
Kind regards
Dayanand L Guddin

Dear Dayanand ji,
There is a rule where the certified Standing orders are not there, we have to observe the respective state Model Standing Orders.
Regarding this case: you may issue a Charge Sheet of Show Cause Notice and conduct a 'Domestic Enquiry' and take an appropriate action.
Regards,
PBS KUMAR

Dear Kumarji,

Thanks for the clarification.

I have had the discussion with my professional colleagues on the following questions that may be essentially asked in this case. The concerted opinion is also given in the capital letters.

1) Is it required to apply the provisions of model standing orders in the case of a senior managerial person who is having administrative and managerial authority ? == NO. NOT REQUIRED.

2) If so can this manager make a claim under the ID act claiming to be a workmen and hence the non observance of the procedures of domestic enquiry a lapse?
CLAIM WILL BE UN TENABALE IN THE EYES OF LAW

3) Will there be a violation of principles of natural justice by initiating direct action under IPC - NO Violation will be deemed in case of breach of trust and misappropriations.

4) Are there not enough cases where the very provisions of certified and model standing orders have been set aside by the apex court ? YES

Based on the above the suggestion was made to seek direct initiation of proceedings under the criminal law. I would request to enhance this discussion with additional information.
kind regards

Dayanand L Guddin

A manager drawing a salary of 50,000/- may not be a workman under The Industrial Disputes Act. But the salary is not the deciding factor for the deciding the status of an employee. If the concerned person is performing the duties mainly of a managarial nature, that is if a person has an indepandent authority to take actions, , to sanction leave, to bind the company by his actions in the official capacity as an employee of the company etc, then he is not an employee. Under these circumstances, you can terminate the services of the manager by taking recourse to the termination clause of the appointment order. Otherwise, if the company has no separate service rules, action can be taken be taken by following the Model Standing Orders wherein the procedure for the disciplinary action is mentioned in detail.