The procedure adopted in the departmental inquiry must be fair and reasonable and it should also bear a convincing appearance that justice has been done.
It is absolutely necessary and essential for IO, PO, CE and DR to know the provisions of the departmental inquiry proceedings fully and adequately.
The ‘Oral Inquiry’ is an important part of the departmental inquiry proceedings. ‘Oral Inquiry’ and ‘Personal Hearing’ is one and the same thing. An ‘Oral Inquiry’ is intended to afford to the charged employee an opportunity to defend himself by cross-examining the witnesses produced against him and by examining himself or any other witness(es) in support of his defence.
An inquiry cannot be dispensed with merely for convenience of the employer, or on the presumption that the CE cannot improve his defence by personal hearing.
It is absolutely essential that the inquiry proceedings are held in accordance with the prescribed procedure.
It is absolutely essential that there is no violation of principles of natural justice resulting failure of justice in the inquiry proceedings.
With best wishes,
Keshav Ram Singhal
Abbreviation
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
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