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REEBI JOSE (PERSONNEL OFFICER)     30 May 2009

Domestic Enquiry

Dear Sir,

Can anybody gives some advises/information for act as presenting officer in a domestic enquiry  against a workman for unauthorised absence. Charge sheet has been already sent to the worker.

Thanking you,

reebi

ree

 



Learning

 9 Replies

Sarjooram Sharma (Assistant Labour commissioner)     16 January 2010

Presenting officer represents the management before the enquity officer.

Ananthanarayanan (Individual)     18 January 2010

The Presenting Officer performs his job like Public Prosecutor in criminal court; he can, not only present case (of  the management) but also examine and cross examine the witness(es)/defence witness(es). 

SANATANA PANDAY (presiednt of a trade union)     24 January 2010

presenting officer can not give the chargesheet to the worker. charge sheet should be given by the enquir officer

Rama mohan Acharya (Manager HR(Legal))     25 January 2010

First of all the presenting officer is to be appointed by the competant authority for a particular case. The responsibility of the presenting officer to present the case on behalf of the management, adduce evidence/witness etc, cross examine the statement adduced by the delinquent employee.witness etc. Presenting officer can only be appointed at the time constitution of enquiry not at the stage of charge sheet.

Sudhir Kumar, Advocate (Advocate)     21 November 2011

Sorry chargesheet can be given by the management (appointing authortiy in Govt)

darshana sawant (associate consultant)     24 November 2011

dear madam

 

As a presenting officer you have to file the documents in the enquiry such as muster rolls, leave card  etc. in case of absenteeism inquiry.  But prior to that management has to send enquiry notice to the employee then issue appointment letters to enquiry officer and presenting officer authorising them to conduct the enquiry.  After the documents are filed in the enquiry, the witnesses are examined, in this case it can be somebody from time office who can depose about the leaves, sanctioning procedure, types of leave and prove the muster roll, attendance sheet and leave card in the enquiry.  Thereafter if the employee adduces evidence, then cross examine the employee and get proved that he remain absent unauthorisedly.  If he produces documents examine them carefully and question its veracity.


(Guest)

Dear Reebee,

 

A Presenting Officer (PO) can be appointed only by the Disciplinary Authority (DA), but only after appointment of an Inquiry Officer (I.O.) for the case. The PO must be senior to the charged official (C.O.) and knowledgeabble about the rules, regulations and procedures, particularly on the subject matter to which the offence pertains, as shown in the charge sheet. The concerned P.O. must become familiar with the events, background and circumstances of the case. He must acquire all the documents listed in the charge sheet, and also to provide copies of such documents to the charged official before presentation of case. He has also to assist the I.O. in procurement and supply of additional documents requisitioned by the C.O. for the purpose of his defence pertaining to the case.

 

P.O. must know the process of inquiry and is responsible for presentation of the prosecution (official) witnesses and other recorded documentary evidence on behalf of the management. He can examine the prosecution witness in general about the case or on their pre-recorded evidence to extract the information as for as possible for the information of the I.O. After the C.O. or his Defence Assistant cross-examines the witnesses, he may re-examine them, if the need be, on the points raised during the cross-examination only. After close of his case and examination of defence witnesses by the C.O./ Defence Assistant, he may cross-examine them to in order to break the defence strategy of the C.O. just to extract the truth. Questions for extraneous informationnot related to the case, should be avoided by all means. After close of the defence case, he is bound to submit his oral or written brief to the I.O. as well as the C.O. about his findings in the case in a bid to prove the case.

 

Please bear in mind, P.O. cannot ask any question from the C.O. All proceedings pertaining to the inquiry should be in the presence of the C.O. and nothing should be at the bck of the C.O., unless the C.O. refuses to take part in the inquiry proceedings in which case ex-parte inquiry can be conducted only after observation of due process.

 

In other words, in addition to the I.O., he is supposed to assist the Disciplinary Authority in conduct of a fair and unbiased inquiry.

 

PS Dhingra

[dcgroup1962@gmail.com]

Sudhir Kumar, Advocate (Advocate)     02 December 2011

Slioghtly diagreeming with Mr PS DHingra I would add that Presenting Officer can ask questions to the charged officer only if the charged officer offers to be witness

Surendranath. A (Applied Labor Law Consultants )     03 December 2011

Dear Reebi Jose,

I am attaching a MS PPT on the role of Presenting Officer which I had presented before a large audience during a seminar  in Bangaloe recently organized by National Institute of Personnel Management-Karnataka Chapter.

Hope it would clear some of your doubts..

Regards,

Surendranath


Attached File : 77757 230923 40 role of presenting officer in disciplinary proceedings.pdf downloaded: 138 times

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