No. of witnesses in domestic enquiry
jagadish paranjape
(Querist) 25 May 2014
This query is : Resolved
The powers of enquiry officers conducting domestic enquiry are not defined.What if the enquiry officer refuses permission to charge sheeted workmen to examine further witnesses on the ground that few witnesses are examined and they are enough.In brief from where enquiry officer derives power to restrict evidence of workman.
regards.
Guest
(Expert) 25 May 2014
Before allowing defence witness, an inquiry officer in demestic inquiry can question the relevance of the witness to the case. However, if he declines the request of the charged officer, he has to quote proper reason for not allowing witness.
Devajyoti Barman
(Expert) 25 May 2014
It would help the charged officer to quash the findings of the DC at the end on the ground of breach of natural justice.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
the facts of the case are not property disclosed. Based on the available facts no further advise can be given.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
Further, the querist nowhere stated that if the accused ever wanted defence witnesses which were disallowed.
if some PWs are dropped then he has no case.
Guest
(Expert) 26 May 2014
I disagree with the opinion of Shri Sudhir Kumar that "if some PWs are dropped then he has no case."
There is no relevance to inquiry officer's refusal for permission to charge sheeted workman to examine further witnesses on the ground that few witnesses are examined and they are enough, even if prosecution has dropped some PWs. An I.O. does not enjoy any discretion to deny opportunity to defend a charged workman merely on the ground that few witnesses are examined and they are enough. Enough or not enough is the prerogative of the charged workman to think as is directly related to his defence.
Rajendra K Goyal
(Expert) 26 May 2014
The departmental inquiry is quasi judicial process.
The Inquiry officer should not refuse to entertain the defense witness as it may restrain the defense to have / enjoy fair and justified chance as per principals of natural justice.
If he has done so and also have recorded the reasons thereof, the delinquent employee / defense should lodge strong protest and the protest should be made a part of inquiry proceedings.
He should also lodge protest with the disciplinary Authority also.
K.K.Ganguly
(Expert) 26 May 2014
1. File an application before him praying for allowing deposition and examination of the below mentioned employees,
2. He now has to reject it giving reason,
3. This will help you when you appeal to appellatte authority or High Court in future, if need be.
malipeddi jaggarao
(Expert) 26 May 2014
You have to submit your list of witnesses to the Inquiry Authority. In the charge sheet they might have given you the list of Management Witnesses. The Presenting Officer may drop the Management Witnesses with the permission of the Inquiry Officer. But are supposed to submit your own defence witnesses list to the Inquiry Officer and he has to allow deposition or give reasons for such denial. If he denies, ask the inquiry officer to include these facts in the proceedings. This will be against the principles of natural justice and will be useful to you later.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
The query has been addressed very well by all experts. I agree with their views, especially that of Mr. Rajendra K Goyal. Thus in the interest of natural justice, the Inquiry Officer either should allow the request made by delinquent employee to examine his side witness to defend himself or the Inquiry Officer has to give reason for his denial to accept and include the said witnesses in the proceedings.He cannot act arbitrarily and out of rules in this aspect.
jagadish paranjape
(Querist) 29 May 2014
Thanks to all colleagues for expert comments.Under the standing orders the enquiry is expected to be conducted by officer of the company,but outsiders appointment as enquiry officersis approved by courts.Such appointments are made to ensure that enquiry is nor vitiated for procedure.
The powers of enquiry officer are not defined any where. The enquiry officer is supposed to permit all evidence which parties wish to submit.In his report he can ignore the irrevelant evidence.
Now the service of workman is terminated.
Case under M.R.T.U. and P.U.L.P. Act 1971 is filed before labour court for this unfair practice.
