ramesh_ambur (HR Head) 30 July 2011

Domestic enquiry

Dear sir,

Now I am conducting a domestic enquiry, the delinquent employee asking the auhtorisation letter middle of the enquiry. Kindly tell me about the following issues regarding domestic enquiry,

1) Is there any rule to issue call letter or summons to witnesses to record their witness and it should be presented in domestic enquiry.

2) Presenting officer can be a witness,

3) does it require any authorization letter for presenting officer,

If possible please give the case reference.

I am waiting for the reply as early as possible.

Thanking you,

ramesh/ambur.

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2 Replies

Ponnusamy (UDC) 02 August 2011

Sir, Please note that as per CCS(CCA) Rules, 1965 (i) A prior notification should be issued to charged officer about eqnuiring the witnesses (ii) The Presenting Officer should be appointed by the Disciplinary Authority and should be intimated to the charged officer (iii) A Witness can not function as a Presenting Officer/Inquiry Officer.

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(Guest)

Dear Ramesh,

Reference your queries,

1) It is the duty of the Inquiry Officer to issue necessary notice/summons to the witnesses to be present for evidence at some fixed date and time and venue that too under intimation to the presenting officer as well as the charged official. However, it is the duty of the presenting officer to produce the listed/prosecution witnesses, or can request the I.O. to drop any witness from the inquiry. Similarly, to produce the defence witnesses is the responsibility of the Charged Official, but issue of notice/summons to his witnesses by the I.O. is also a must. Unless you, as an I.O., authorise the P.O. or the C.O., the witnesses cannot be produced for evidence.

2) Once a Presenting officer becomes a witness he would cease to be the P.O.

3) I.O. cannot appoint a presenting officer. Only the disciplinary authority has to appoint the presenting officer in the similar fashion, as he appointed the I.O. The order issued by the Disciplinary Authority to appoint a P.O. is his authorisation letter.

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