Domestic enquiry- Bias
Mugundhan
(Querist) 25 September 2010
This query is : Resolved
Dear experts, if during the course of a domestic enquiry, the charge sheeted employee alleges bias on the part of the enquiry officer, Should the enquiry officer proceed forward or should he withdraw from the enquiry?
s.subramanian
(Expert) 25 September 2010
It depends upon the proof produced by the employee to prove bias. If there are sound and valid evidence for proving bias,the enquiry officer should quit and not proceed with the enquiry anymore. If the same are frivolous and unfounded,he can ignore them and proceed with the enquiry.
Kirti Kar Tripathi
(Expert) 25 September 2010
The allegations against an Enquiry officer as to bias depends upon the nature of allegations made by the delinquent employee and haw these are related with the charges. in case the Enquiry Officer is not related with the charges levelled against the delinquent employee, mere making allegations of bias would not vitiate the domestic enquiry. in case, there is any evidence, which has any relation between charges and Enquiry Officer, it would be better to change Enquiry Officer.
Chanchal Nag Chowdhury
(Expert) 28 September 2010
Enquiry officer is not bound to withdraw. It depends on the nature of allegation, the proximity of the enquiry officer to the matter in issue & of course on the enquiry officer's good conscience.
