B.R. Ghaiye's Law and Procedure of Departmental Enquiries (In 2 Volumes)

BR Ghaiye's Departmental Enquiries: Law and Procedure stands as a venerable classic, widely acknowledged as the foremost and comprehensive work on the subject. In the ever-evolving landscape where organisations strive for efficiency, transparency, and accountability, internal investigations have become an indispensable facet for maintaining order and integrity.

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.

BR Ghaiye's Departmental Enquiries: Law and Procedure stands as a venerable classic, widely acknowledged as the foremost and comprehensive work on the subject. In the ever-evolving landscape where organisations strive for efficiency, transparency, and accountability, internal investigations have become an indispensable facet for maintaining order and integrity.

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.

Table of Contents

VOLUME I

Table of Cases
Addenda
Introduction

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. Applicability of the Evidence Act to Departmental Enquiries
    Subject Index

VOLUME II

Table of Cases

14. Evidence Before Enquiry Officer
15. Disposal of the Case by Enquiry Officer
16. Consideration by Disciplinary Authority
17. Passing of Dismissal Order and Departmental Remedies
18. Bar on Change in Conditions of Service During Pendency of Proceeding
19. Judicial Control of Labour Courts and Industrial Tribunals
20. Malice, Victimisation and Unfair Labour Practice
21. Reinstatement and Grant of Back Wages
22. Jurisdiction of Civil Court in Disciplinary Matters
23. Writ Jurisdiction of High Court in Disciplinary Matters

Appendices
I. Extracts from Central Civil Services (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. Departmental Inquiries (Enforcement of Attendance
of Witnesses and Production of Documents) Act, 1972
V. Public Servants (Inquiries) Act, 1850
Subject Index