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

Training Handbook on 'Departmental Inquiry Awareness'

Dear friends,

Greetings!

People generally are afraid of departmental inquiry. People find difficulty in participating in departmental inquiry.

I have been associated with departmental inquiry and thus I have the opportunity to read books, generally voluminous books, related to departmental inquiry. During my service as an officer of a bank and also as an elected representative of the officers' association, I had opportunities to participate in departmental inquiries, sometimes as Presenting Officer on behalf of the management or sometimes as defence representative assisting the charged officer. Thus, I could gain experience to learn the insight of the departmental inquiry. With a view to share my knowledge and tips related to departmental inquiry, I have designed and developed a training handbook on 'Departmental Inquiry Awareness'. This is a small effort to create awareness on departmental inquiry.

No one should be punished without giving him an opportunity to defend himself and a judicial approach is necessary in the procedures of departmental inquiry. The procedure adopted must not only be fair and reasonable but should also bear a convincing appearance that justice has been done.

Contents of the Training handbook include the following:

# 01 - Preface

# 02 - An introduction on 'Departmental Inquiry Awareness' training

# 03 - General tips

# 04 - Tips for the inquiry officer

# 05 - Summarized procedure for inquiry proceedings (useful for DA and IO)

# 06 - Tips for the presenting officer

# 07 - Tips for the charged employee and the defence representative

# 08 - Legal practitioner as a DR

# 09 - Investigation

# 10 - Short notes and FAQs - The inquiry report, Natural justice in departmental inquiry, Bias in departmental inquiry, When a high court quashed the inquiry report, Useful quarterly magazine, Venue of the inquiry, What action when an employee gets employment by misrepresentation, Can DA differ with the IO findings, Unbecoming conduct, Inquiry conducted by a subordinate to the complainant, Agreeing or disagreeing of DA by the findings of the IO, Mass casual leave by employees, Assistance of an advocate, Perusal of documents/records on receipt of memo/show cause notice, Suspension, Representation by lawyers, Oath in departmental inquiry, Principle of natural justice, Who is competent to hold a departmental inquiry, Personnel officer as presenting officer, Ingredients of a charge sheet, Abusing b an employee, Departmental inquiry against an employee acquitted by a court of law, Labour court power under section 11A, Proposed punishment mentioned in charge sheet, Non-supply of list of witnesses along with charge sheet, Allegations against a superior, Can outsider be IO, Examining the management witness, Plea of victimisation, IO Report, When the CE admits the guilt, Confidence loss upon an employee, Adjournment of an inquiry, Who may be present at the inquiry, Ex-parte inquiry

# 11 - Specimen of documents and records - Inquiry officer communication, Disciplinary proceedings, IO's letter to custodian of documents

# 12 - Post-training test details

Thanking you,

Keshav Ram Singhal

Note - The handbook is unavailable for distribution. Readers are requested to search the relevant topic in the blog. Thanks.