Offence Crime and Misconduct

8/8/2019 Offence Crime and Misconduct

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Every offence is misconduct but it is not necessary that every misconduct is an offense

Offence has no degree but crime has degrees.

Offence is against the state, where as misconduct is against the dictate of the management/

organization. Eg teacher is walks away with a pencil/pen is a theft ,and theft is against the state hence

it is a misconduct and offence coz both against

1. The law of the state2. Against the institution.

The punishment of offence for employee is

1. Going to jail2. Loosing all the benefits {pension,etc)

Indiscipline and misconduct

The government cars do not have insurance.

The method of dispute resolution

1. Court system2. Arbitration (Alternate dispute resolution system)3. Mediation()4. Conciliation()

Some believe that there is no difference between mediation and conciliation.


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Arbitration Litigation/ case in court

1. All the parties mutually decide who shouldbe put as judge for the proceeding.

2. You can choose a place for the winning ofyour of the litigation. You can have it

anywhere.

3. It is only for civil and commercial matters,coz the case is between private parties.

4. In arbitration you cannot choose your timeand date

5. The parties has the choice to follow whichlaw they wan to follow. Say American

council in Kolkata to follow American law.

6. An arbitrator would ask for acompensation of damages. He canot ask

for a fine.DISADVANTAGES

a) Very costly affair

1. You do not choose your choice of judge.2. You do not have the liberty to choose the

place of the litigation. The proceeding has

to take place where the parties are

situated, or the place of the land under

dispute

3. Criminal cases is always against the state,hence arbitration cannot take place over

here.

4. You will not have the power to choose thedate and time of the proceedings.

5. The law has to ne followed6. They are less costly

Indians prefer to go for arbitration only by rich people who do not feel convenirent to go to the court of

law.

To tem a doctor as negligent , a criminal or an arbitration can be called for, instead of going to court

because the judge would not know the medical aspect of the case. But if after an arbitration, if

Fee Tax

Electricity/ college Income tax , direct tax

Tax can be asked by government. It is a demand of

a sovereign devoid of a quid pro cho(something for

something)

fi

Fine Compensation

A payment that u make as a measure of penalty

It is paid to the authority.

It is payment made to a person for the loss that

has sufferd.

compensation Damages

It is the basis for damages.eg- in a motor vehicle

accident> compensation is given > but what if he

has 5 dependents on him. They are used in civil

world. Hence he will not ask for fine


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Conciliation

Arbitration Consiliation

There is an adjudication 1. There is no adjudication of rights but the twoparties compromise with each other.

2. A conciliator tries to facitates you to reach acompromise.

Doctrine of merger- when the orders of the inferior authority is challenged in the superior authority

then the orders passed by the inferior authority (say hgh court) would get merged with the order placed

by the superior authority(Supreme court). The hig court orders would becom a vaccum, and hence only

the higher order or supreme court order will only be considered.

Conciliator Conciliator

A proactive, can act as interventionist.

He intervenes and try to calm the parties down by

being a part of the dispute.

A mediator only facilitates.

Contract labor Regulation and Abolition Act,1970

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Offence Crime and Misconduct