B.R. Ghaiye's Law and Procedure of Departmental Enquries (In Private and Public Sectors) (2 Volumes)

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Description
The fifth edition continues the legacy of its predecessors, incorporating updates in statutory and case law, with a brief coverage of recent cases until December 2023 in the Addenda. The book meticulously navigates through every aspect of the subject, guiding the reader from the initial complaint to its final disposal. Notably, since the last edition, the courts have embraced a more pragmatic approach in reviewing departmental enquiry procedures, emphasising proportionality in punishments and relief for employees, including reinstatement and back wages. This edition establishes and clarifies the law concerning the standard of proof and evidence in departmental enquiries and sheds light on limitations on judicial review by superior courts. The exhaustive subject index ensures that readers can swiftly access any minute aspect or topic related to departmental enquiries. Recognising the adage that prevention is better than cure, this work should find a place on the table of all individuals involved in the initiation and conduction of departmental enquiries. It equally serves as a valuable resource for the affected party and their counsel, ensuring the proper safeguarding of their rights and interests. A must-have for Central and State government departments, public and private sector enterprises, and indispensable for legal professionals, this book stands as an invaluable guide in the intricate realm of departmental enquiries.
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Contents
Volume I
I. Principles of Natural Justice and Reasonable Opportunity
II. Contingencies in Employment in Which Principles of Natural Justice are Applicable
III. Complaints and Decision to Initiate Enquiries
IV. Charge-sheet and its Drafting
V. Charge-sheet—Service to Workman
VI. Reply to the Charge-sheet and its Considerations
VII. Suspension During Enquiry
VIII. Criminal Proceedings and Departmental Enquiry
IX. Power to Hold Enquiry and its Delegation
X. Manner of Holding Enquiry
XI. Representation of Employees Before Enquiry Officer
XII. Production and Inspection of Documents
XIII. Applicability of the Evidence act to Departmental Enquiries
VOLUME II
XIV. Evidence Before Enquiry Officer
XV.  Disposal of the Case by Enquiry Officer.
XVI. Consideration by Disciplinary Authority
XVII. Passing of Dismissal Order and Departmental Remedies
XVIII. Bar on Change in Conditions of Service During Pendency of Proceeding.
XIX. Judicial Control of Labour Courts and Industrial Tribunals
XX.  Malice, Victimisation and Unfair Labour Practice
XXI. Reinstatement and Grant of Back Wages
XXII. Jurisdiction of Civil Court in Disciplinary Matters
XXIII. Writ Jurisdiction of High Court in Disciplinary Matters
Appendices
I.   Extracts from CCS (Conduct) Rules, 1964
II.  Extracts from Central Civil Services (Classification, Control and Appeal) Rules, 1965
III.  Extracts from Central Civil Services (Temporary Service) Rules, 1965
IV. The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production
     of Documents) Act, 1972
V.  The Public Servants (Inquiries) Act, 1850
Subject Index
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Author Details
B.R. Ghaiye
J.K. Verma