Contents: Vol. I: Preface. 1. Principles of natural justice and reasonable opportunity. 2. Contingencies in employment in which principles of natural justice are applicable. 3. Complaints and decision to initiate enquiries. 4. Charge-sheet and its drafting. 5. Charge- sheet -- service to workman. 6. Reply to the charge-sheet and its considerations. 7. Suspension during enquiry. 8. Criminal proceedings and departmental enquiry. 9. Power to hold enquiry and its delegation. 10. Manner of holding enquiry. 11. Representation of employees before enquiry officer. 12. Production and inspection of documents. 13. What evidence should be led before the enquiry officer by employer as well as delinquent employee.
Vol. II: 14. Evidence before enquiry officer. 15. Disposal of the case by enquiry officer. 16. Consideration by punishing authority. 17. Passing of dismissal order and departmental remedies. 18. Permission or approval of dismissal orders by industrial adjudication. 19. Judicial control of labour courts and industrial tribunals. 20. Malice, victimization and unfair labour practice. 21. Reinstatement or grant of compensation by industrial tribunal. 22. Jurisdiction of Civil Court in disciplinary matters. 23. Writ jurisdiction of High Court in disciplinary matters. 24. Latest case law. Subject index.
"This is a great classic which has long been accepted as the most authoritative and comprehensive work on the subject of domestic and departmental enquiries.
Every aspects of the subject has been dealt with in detail, going step by step from the initial complaint to its final result. This third edition incorporates the shift in judicial thinking regarding departmental enquiries that has taken place since the last edition of the book.
The reasonableness of the procedure followed during departmental enquiry is now sought by courts to be examined from the point of view of the requirements of the Fundamental Rights under Articles 14, 16 and 21 of the Constitution of India. The scope of Articles 14 and 21 of the Constitution is being gradually extended by the courts and on account of the extended meaning given to these articles, they are now capable of very materially influencing the various facets of departmental enquiry. The result is that now more than ever before, the employer is required to be extremely cautious in abiding by the correct procedure while holding a departmental enquiry lest his action may be struck down by the courts.
The law on the subject has received a further impetus in its development with the establishing of the Central Administrative Tribunals.
A bird's eye view of the notable developments in the law on the subject is provided by the author's elaborate 'preface to the third edition'. The insight provided therein will stimulate a better appreciation of the contents of this valuable work.
Since prevention is better than cure, this work should find place on the table of all those concerned with the initiation and conducting of domestic and departmental enquiries. Equally, the affected party and his counsel can with this work ensure that their rights and interests are properly safeguarded." (jacket)
