FREQUENTLY ASKED QUESTION - 26

FREQUENTLY ASKED QUESTION - 26

Can a Zonal Manager be presented as a witness?

Yes, a Zonal Manager may be presented as a witness in a departmental inquiry, if he not a disciplinary authority (DA) or appellate authority (AA) in the departmental inquiry.

The departmental inquiry proceedings have a dual purpose. They are intended (i) to help the Disciplinary Authority (DA) to assess the guilt of the CE with a view to decide further course of action, if any, and (ii) to provide the CE a chance to meet the charges levelled against him and to prove his innocence. Departmental Inquiry proceedings are quasi-judicial, in nature. A judicial approach is necessary while dealing with such cases. The procedure adopted must not only be fair and reasonable but should also bear a convincing appearance that justice has been done.

You must remember that no person shall be a judge in his own case, applies to DA also.

With best wishes,

Keshav Ram Singhal

FREQUENTLY ASKED QUESTION - 25

FREQUENTLY ASKED QUESTION - 25

Can PO present himself as a witness in the departmental inquiry?

In a departmental inquiry, the presenting officer (PO) is appointed by the management and the PO has the right to present its case against the charged employee / charged officer. PO is required to examine the witness in the inquiry. PO's job is to adduce evidence in support of the charge. Generally PO is not a witness in a departmental inquiry. Examining self as a witness by the PO in the inquiry is somewhat difficult. It is suggested that management should appoint a PO, who is not a witness in the inquiry.

With best wishes,

Keshav Ram Singhal