FREQUENTLY ASKED QUESTION - 27

FREQUENTLY ASKED QUESTION - 27

Can the Disciplinary Authority (DA) appoint, by an order, one of his superiors as Presenting Officer (PO) and/or Inquiry Officer (IO)?

The procedure to be followed in disciplinary proceedings is generally laid down in Service Rules and Standing Orders made there under.

Yes, in my opinion, DA may appoint, by an order, one of his superiors as PO and/or IO, provided Service Rules and/or Service Rules do not restrict such appointment. While appointing a senior officer to such assignments, the DA should seek a consent from such senior officer.

Readers may differ with my opinion, however, in such a case they may seek legal opinion.

With best wishes,

Keshav Ram Singhal

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

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