Defence Representative in a Departmental Inquiry
A defence representative (DR) has a pivotal role in a departmental inquiry. The DR is tasked with supporting, guiding, and advocating for the Charged Employee (CE) throughout the departmental inquiry process.
In the departmental inquiry, the CE is entitled to a fair hearing, unbiased judgment, and the opportunity to defend themselves. For this, they can seek assistance from another officer or employee for their defence, as outlined in relevant rules and regulations.
Selecting a defence representative is a critical decision for a CE. A DR in the banking industry should have a comprehensive understanding of banking business, including rules, regulations, practices, and procedures.
The DR should carefully study the charges, consider factual and technical defence points, and adeptly utilize evidence to present a robust defence.
Throughout the inquiry process, the DR plays a crucial role in upholding the principles of natural justice. They ensure that the burden of proof lies with the Presenting Officer (PO), challenge charges through evidence and cross-examination, and advocate for the rights of the CE. The DR's commitment to fairness and due process is essential for maintaining the integrity of the departmental inquiry.
In short, the DR serves as a guardian of fairness in a departmental inquiry.
With best wishes,
Keshav Ram Singhal
Abbreviations
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
