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

FREQUENTLY ASKED QUESTION - 24

What should be done if there are allegations against the Disciplinary Authority?

Allegations against the Disciplinary Authority

The aggrieved party should brought the matter to the notice of the Appellate Authority with full facts of the allegations.

With best wishes,

Keshav Ram Singhal

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

News - Reimbursement of TA/DA to serving/retired employees attending disciplinary/criminal proceedings as charged officer, Prosecution/Defence witnesses etc. in Public Sector Banks

News -

Reimbursement of TA/DA to serving/retired employees attending disciplinary/criminal proceedings as charged officer, Prosecution/Defence witnesses etc. in Public Sector Banks

The Central Vigilance Commission (CVC) noticed that as per the instructions issued by the Indian Bank's Association (IBA) dated 25.04.2011, TA/DA was not permissible to the retired officer / employees for attending the departmental inquiry as Defence Assistants or Defence witnesses of the Public Sector Banks. As the IBA's guidelines were in violation of Ministry of Finance, GOI instructions and Commission's guidelines, the Commission vide letter dated 27.02.2015 advised Department of Financial Services (DFS) to examine the issues and to take corrective steps to remove anomalies and to ensure that IBA circular is in line with the Government of India and Commission's guidelines.

2. DFS has reported that the IBA, vide letter dated 19.11.2015 has since reviewed and revised the scheme and issued comprehensive instructions regarding reimbursement of TA/DA to serving/retired employees attending departmental/criminal proceedings as Charged Officer, prosecution/Defence witness etc. As per the revised circular, now payment of TA/DA to Defence Assistants /Defence Witnesses (both serving and retired) attending departmental inquiry and criminal proceedings before Court would be allowed.

- From the Coordination (Policy) Wing, Central Vigilance Commission (CVC)

Courtesy Source - VIGEYE VANI - Quarterly Newsletter Central Vigilance Commission - April-June 2016