Reply
B Singh
(Querist) 30 September 2015
This query is : Resolved
I am in private Institution and regular employee. The Disciplinary Authority have issued me charge sheet and I have submitted my reply. The DA have appointed enquiry officer and Presiding Officer on behalf of management. The list of documents have been produced by PO and me. The PO have also produced his witnesses/evidences by way of affidavit. On the next date I have to produce my evidence and witnesses by way of affidavit. My query to all experts is that please advice me that do I have to reply to list of documents submitted by PO and his witnesses who have produced their affidavits in my affidavit by way of evidence and witnesses.
K.S.Srinivas
(Expert) 30 September 2015
Yes. You have to give reply.
Dr J C Vashista
(Expert) 01 October 2015
You must defend your case properly by replying to each and every word/document used against you.
Ask for defence assistant for proper proceeding and contesting the case.
Rajendra K Goyal
(Expert) 01 October 2015
Defend your case on the basis of favoring points / weakness in the case by presenting officer. Consult some experienced disciplinary proceedings dealing person.
P. Venu
(Expert) 01 October 2015
It appears that from the information furnished that the regular hearing yet to commence. The PO has produced the list of witnesses and their statements (not affidavit). Once the hearing commences, the PO has to get the statements admitted through the witnesses and you or your defence assistant can cross-examine. After the PO presents his witnesses and closes his case, then only you need to present your witnesses and get their deposition recorded.
It is sufficient at this juncture that you submit your list witnesses so that the IO can issue the summons.
B Singh
(Querist) 01 October 2015
The PO have produced his witnesses and they have submitted their affidavit. I have cross examined them. Now the IO have told me to produce my affidavit and witnesses, if any. Although I am very much satisfied by the advices given by experts and thanks to all. I hesitate to write that I am bit confused and if experts may please clarify my question again. That now do I have to reply to list of documents point-wise and affidavits of witnesses that PO have submitted on behalf of management.
P. Venu
(Expert) 01 October 2015
I am afraid you are still confused of the procedure.Your witnesses need only depose, no submission of affidavits. This requires much skill or else, things may turn out to be counterproductive.
Have you engaged a defence assistant? You certainly require professional assistance.
B Singh
(Querist) 02 October 2015
Expert Mr.P.Venu My question is that PO have submitted list of documents and copy provided to me through Enquiry Officer and on next date PO produced his witnesses who have submitted their affidavit and after reading the affidavits one by one I have cross examined the witnesses and copies of all witnesses and statements provided to me. My query is that on next date during the month of October, 2015 EO told me to bring all my witnesses, if any and submit their affidavits. I have prepared reply to list of documents pointwise as well as also prepared reply to affidavits submitted by PO. Please clarify that is this correct. I have not be allowed assistance of defense assistance and allowed assistance of co-employee but nobody willing to come as they feel risk to their job. Anyhow I know that I am right and done nothing wrong. Is it right procedure that I should reply to list of documents and affidavits which PO have submitted on behalf of management.
Guest
(Expert) 02 October 2015
Mr. B. Singh,
You are just repeating the saame thing time and again. If yours is not an academic query and you are facing a real enquiry, please clarify the following points:
The question arises, have not you engaged a defence assistant to defend you and what he guided you on the issue?
Another question arises, why affidavits are required by the Enquiry Officer from any one of the participants of the enquiry?
Still further, please write in brief about step by step enquiry procedure adopted by the Enquiry Officer?
Also, what is the exact requirement of the Enquiry Officer from you, after the closure of the P.O's case?
P. Venu
(Expert) 02 October 2015
Also, please inform under which Rule inquiry is being held. Is it CCS(CCA) Rules or nay similar statitory rules?
We are trying to help you; but, unforunately, you are, it appears, bent upon misleading yourself unless, of course, you are raising mere acadamicquery and there are nor real issues.
B Singh
(Querist) 02 October 2015
I understand you are trying to help me, may be I am unable to write properly my query which I write down point-wise again :
1. I am in private Institution and regular employee.
2. I am charge sheet by management and they have initiated domestic inquiry and conducted to probe into charges by appointing EO and on behalf of management they have authorized their PO.
3. The inquiry is in progress for the last 2 months and nearly upto its completion.
4. The list of documents by PO and me have been submitted to EO to which to rely upon.
5. The PO on behalf of management produced his witnesses and they have submitted their statement (In affidavits) alleging allegations against me and I have cross examined them.
6. Now EO told me to produce my witnesses statement by way of affidavits on next date.
Dear all Experts my query is that do I have to give reply to point wise to the list of documents submitted by PO and his witnesses who have alleged allegations against me in parawise in my statement (In affidavit) on the next date.
Guest
(Expert) 02 October 2015
Mr. Singh,
You have still avoided to reply my 2nd and 4th question.
B Singh
(Querist) 03 October 2015
Mr.Dhingra Ji, 2nd questions is that EO have taken statement of witnesses by way of affidavits from PO Side. 4th questions is that after the closure of PO Case the EO told me that on next date my statement including witnesses should be submitted by way of affidavits. Hence I have prepared replication to list of documents submitted by PO and his witnesses statement point wise by way of affidavit which I shall submit on next date. Is this correct, Please guide.
P. Venu
(Expert) 03 October 2015
"Replication" - This is a legal phrase known only to those familiar with practice of law. Certainly, the queriest is not an uninformed person. The problem cited is imaginary. Profile confirms that the queriest is in the habit of posting such unreal queries.
B Singh
(Querist) 06 October 2015
After dismissal what is the time limit to approach the Labour Court
Guest
(Expert) 06 October 2015
Do you want to wait for years together?
Earlier, you were stuck at enquiry stage even with imaginary enquiry process and now you have got dismissal also without the order of the DA.
Please avoid posting imaginary academic queries.
