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Co-workman in departmental enquiry

(Querist) 16 December 2014 This query is : Resolved 
This establishment is a factory and have its certified standing orders. As per the provision of the standing order, any delinquent employee can take assistance of a co-workman in the departmental enquiry, if he so desire. In a case a delinquent employee opted for an employee as his co workmen in the enquiry he is facing. The enquiry officer gave his permission and recorded in the proceeding. The charge sheeted employee is demanding to the enquiry officer to send written communication to the Departmental head of the co-workman. There is no such provision in the standing order. Practice being followed is the enquiry officer only grant permission. It is the responsibility of the charge sheeted employee to bring his co-workmam.
Is there anything wrong in the practice followed? Whether the enquiry officer is required to give separate letter to the head of the department in this context? Kindly advise.
Isaac Gabriel (Expert) 16 December 2014
It is not the prerogative of the enquiry officer to give notice.Usually the employee should ensure that the assisting offficer is present without fail.
venkatesh Rao (Expert) 16 December 2014
But it is the rule of practice and prudence and also principle of natural justice if the co worker is permitted to appear; then the inquiring authority on the oral request of the delinquent may issue such a letter.
Devajyoti Barman (Expert) 16 December 2014
I do not find arong committed herein.
Rajendra K Goyal (Expert) 17 December 2014
It is duty of the delinquent employee to arrange his defense. Inquiry officer is under no obligation to issue letter to departmental head when standing orders exist regarding taking assistance of some defense from staff.
Guest (Expert) 17 December 2014
Depends upon the sole discretion of the inquiry officer, if not specified in the CSO.


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