7.24 - Domestic Inquiry Report - Findings 546n31

Domestic Inquiry Report, ATTACHMENT 7.24

DOMESTIC INQUIRY REPORT INTO ALLEGATION OF MISCONDUCT COMMITTED BY MR ROWDY THALAVETI CONDUCTED ON 30 SEPTEMBER 20XX AT 10.30 AM AT THE COMPANY’S CONFERENCE ROOM

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FINDINGS We find Rowdy Thalaveti guilty as charged. GROUNDS

The charge against the employee is that he hit another employee. The Company provided evidence through Loony, the factory Manager, Mega, a machine operator and the victim of the assault, Razak, a Bangladeshi. The Company’s evidence is that on 16 th September 2002 at about 3.30 pm, the machine operated by Mega stopped running, apparently because the switch had tripped. Mega had instructed the victim, Razak, a Bangladeshi general worker to reset the switch. This apparently is common practice, as stated by Mega. Only in the event of major breakdowns is the technician called. Razak went to the back of the machine where the switchboard is situated and reset the switch and as he had finished Rowdy came with a stick and hit him a few times. It appears that no one could have witnessed the incident due to the position of the switchboard. At that moment Razak was about 2 ft. from the switchboard. Immediately Razak complained to the factory Manager, Loony, who testified that he saw a red patch on the thighs of Razak, who was forthwith sent to a clinic for treatment. Rowdy’s version is that when he happened to be ing by he saw Razak apparently stuck to the switchboard and shaking violently. He tried pushing Razak away using a stick, but was not successful and he, therefore, had to switch off the mains. He further went to say that Razak had thanked him for saving his life and pleaded with him not to report the matter to the Company. What Rowdy said is highly improbable for the following reasons: a) The injuries as described by Loony, who saw Razak a few minutes after the incident do not seem to be consistent with that of a person having been pushed with a stick. They appear more like the result of having been hit. This was apparently confirmed by the doctor who examined and treated Razak. b) Rowdy is a trained electrician. If he had seen such an incident he would probably have first switched off the main switch which he says was within reaching distance. If, as he says, he later switched off the mains the entire factory or part of it would Page 1

Domestic Inquiry Report, ATTACHMENT 7.24 have been affected. Loony, the factory Manager confirmed that there was no such occurrence. c) If, as Rowdy says, Razak was stuck to the switch and shaking, then it could only mean electrocution which would have caused the switch to trip to cut off the supply. d) If what Rowdy alleges about Razak thanking him and asking him not to report the matter is true, then it is strange that he would within a few minutes angrily report this matter to the factory Manager. Rowdy did not ask Razak to confirm this while he cross-examined Razak. We do not expect Rowdy to be proficient in crossexamination, but any person would have been flabbergasted by such a turn around from someone whom he had just saved from death. e) Finally, we have the evidence of Loony, the factory Manager, who testified that Rowdy itted to him that the only way to teach Bangladeshis is to hit them because they would never listen to advice. Loony further confirmed that Razak did not look scared or as though he just had an electric shock a few minutes earlier, but was angry and kept on asking why Rowdy had to hit him. f) The manner in which Rowdy gave evidence further convinces us that he had hit Razak. He said many times that he had warned Razak not to meddle with the switchboard, but surprisingly he had never complained to the factory Manager or anyone else about unqualified workers meddling with the switchboard. g) Even if Razak was meddling with the switch against instruction, no one has the right to inflict corporal punishment. For the above reasons we find that the charge against Rowdy Thalaveti has been proved and we can only return a finding of guilty. JOANNA

LINDA

SITI

_________________________ JOANNA (Chairman)

_________________ LINDA ( Member)

______________ SITI ( Member)

Date : ________________________

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