FREQUENTLY ASKED QUESTION - 23

Can an officer, who has submitted a report and if the inquiry is initiated on such report of the officer, be appointed as inquiry officer?

If an officer has submitted a report and if the inquiry is initiated on such report of the officer, then in all fairness, the officer should not be appointed as inquiry officer. If somehow the officer is inadvertently appointed as inquiry officer, steps should be taken to ensure that the task of holding the inquiry is assigned to some other officer.

With best wishes,

Keshav Ram Singhal

FREQUENTLY ASKED QUESTION - 22

Can an officer, who has witnessed the incident, being the subject matter of an inquiry, be appointed as inquiry officer?

If an officer is a witness to any of the incidents, which is the subject matter of the inquiry, then in all fairness, the officer should not be appointed as inquiry officer. If the above facts become known after the appointment of the enquiry officer, during the inquiry, steps should be taken to ensure that the task of holding the inquiry is assigned to some other officer.

With best wishes,

Keshav Ram Singhal

Power Under Section 11-A of the Industrial Disputes Act

Power Under Section 11-A of the Industrial Disputes Act

Section 11-A of the Industrial Disputes Act confers powers on the Labour Courts, Tribunals and National Tribunals to give proper relief in case of discharge or dismisal of workman and to decide the justification of the decision of the employers. When it is found that the departmental inquiry is not held properly, the Labour Court / Tribunal / National Tribunal would set aside the order of punishment by giving appropriate relief to the concerned workman. Appropriate relief to the concerned workman may include lesser punishment or even no punishment resulting in reinstatement of the concerned workman.

With best wishes,

Keshav Ram Singhal

FREQUENTLY ASKED QUESTION - 21

Is it necessary to hold full fledged departmental inquiry for imposing a minor penalty?


An employee should be given an opportunity to defend himself when a charge sheet is issued for imposing a minor penalty. A full fledged inquiry may not be necessary for imposing a minor penalty.

With best wishes,

Keshav Ram Singhal