I am not fit to attend complaint proceeding
Manju Bala
(Querist) 25 May 2018
This query is : Resolved
I have filled a complaint against a clerk with charges of embezzlement .Inquiry officer has been appointed by the department . Inquiry officer send me a summon to appear for the said complaint But I'm not physically fit for the next three months to attend the inquiry . The inquiry officer said the i can not authorised any person to attend the inquiry. So tell me the any court judgement direction by which convince the inquiry office to give me relaxation to appear in person for inquiry so that i authorised any person to attend the inquiry proceeding
Guest
(Expert) 25 May 2018
No relaxation, no proxy in departmental inquiry cases. Being complainant you will have to attend the inquiry to prove the charge pertaining to your own complaint. Otherwise, the employee can be exonerated of the charge, being not proved for want of your evidence, being the prime witness of the case.
Manju Bala
(Querist) 25 May 2018
But sir I am not fit so what is the remedy to delay the inquiry proceeding for three month
Guest
(Expert) 25 May 2018
Send medical certificate of illness. No other remedy from your medical attendant. That too the same would be workable only for one or two occasions, as inquiry cannot be postponed indefinitely or cannot be held at your own place. Ultimately, if you receive a final notice and you still fail to attend, the only alternative with the Inquiring Authority will be to wind up inquiry with the decision of charge not proved.
Ms.Usha Kapoor
(Expert) 26 May 2018
You complained that clerk has embezzled money. So it s your charge.. You must compulsorily present. No proxy will work.Medical certificate in proof of illness also works for 1 or 2 occasions. Go prepared for inquiry proceedings of your Department.
Sudhir Kumar, Advocate
(Expert) 26 May 2018
Actually your status before the said inquiry is of a witness only. None else can replace you. The view of the IO to that extent is bonafide.
The danger is that the accused may take benefit of non-availability of the witness and may get scot free.
The alternative before the IO are
(i) to adjourn the inquiry on health ground of witness ; or (ii) to hold the inquiry where the witness is available, if witness can depose but cannot travel. You may represent accordingly.
Ms.Usha Kapoor
(Expert) 26 May 2018
Yes, now I recall if witness i snot in a position to attend inquiry proceedings of department due to illness IO can conduct the 9nquiry at the place where th e witness is available or complainant IS AVAILABLE.
Guest
(Expert) 26 May 2018
Sorry to point out, I.O. is not bound to conduct inquiry at the place of the individual witness or witnesses. Complainant has to prove his charge at the common place of inquiry. Department or the I.O. cannot take a biased and prejudiced course of action against the charged official with the intention to help a witness to compulsorily prove his/her charge. it is the duty of the complainant to appear before the I.O. to get his/her evidence recorded.
P. Venu
(Expert) 26 May 2018
Yes, is impossible that any other person can take your place as the witness in the inquiry proceedings. If you are physically unfit, inform the IO accordingly.
Sudhir Kumar, Advocate
(Expert) 26 May 2018
It is correct as pointed out by Mr Dhingra that IO is not bound to accept request to conduct inqiry at the place of the withness. He just has a decretion to agree or not to agree to such request and such discretion is not challenge.
However in the absence of written submission neither PO can project any such request nor IO can consider.
Dr J C Vashista
(Expert) 28 May 2018
I agree with expert Mr. PS Dhingra, being complainant there is no alternative or replacement for you, if you are interested in getting the inquiry proceed properly.
