Royal Commission on Labour in India: Report(1929)||
An employee having been confirmed after twelve months' continuous service, when charged with an offence which, if proved, is serious enough to render him liable to dismissal or discharge, should be furnished with a charge sheet setting out particulars of the allegation against him. This should be returnable within seven days of its receipt, together with an explanation duly signed by the recipient. The competent officer, i.e. the district or divisional or superior officer, on receipt of the charge sheet, may make such enquiry as he thinks proper and, if the case is to be proceeded with, summon the employee to appear before him. If the employee so elects, he should be entitled to be accompanied by a representative of an accredited trade union of which he is a member, or by one of his fellow workmen to assist him in presenting his case at the hearing. Suitable time-limits should be fixed for the disposal of such cases, and no rule should diminish the power of the competent officer to suspend an employee where such action Is necessary. An employee overstaying his authorised leave, or being absent from duty without leave, except in a genuine case of sickness, should be presumed to have left the service and to have forfeited his right of appeal, subject to the competent officer having discretionary power. In the event of an employee being dismissed or discharged, he should be entitled to appeal in the first instance direct to the head of his department or Divisional Superintendent, and, in the event of his appeal being dismissed, he should have the right of further appeal to the Agent, whose decision should be final. Where, however, dismissal involves the forfeiture of his provident fund bonus, he should, as . present, have the right of appeal to the Railway Board. An employee should be entitled to the same facilities for representation at these hearings as is accorded to him the hearing before the competent officer. We suggest that the time-limit for these further appeals should not exceed one month from the time the decision is conveyed to the appellant; and within that period no appeals should be withheld from consideration and determination.