Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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prabha (patent agent)     16 January 2013

Inquiry officer

Dear all,

Is it possible that in a Govt PSU, a contract employee of the same company  can be appointed as an inquiry officer in a discplinary inquiry proceding against a suspended permanent employee?

 

Regards 



Learning

 2 Replies

KCS Kutty, Pune (FACULTY)     17 January 2013

 

Who can be an enquiry Officer ? The enquiry officer must be an impartial person who is not an interested party in the case.  The authority to take penal action, the authority who is to hear appeal on the penalty, the persons who made the complaint, the persons who are witnesses in the case cannot act as Enquiry officer.  Some standing orders do not permit the Welfare Officer appointed under Section 49 of the Factories Act 1948 to act as Enquiry Officer.  

Sudhir Kumar, Advocate (Advocate)     18 January 2013

Rule 14 (15)  (b) of CCS(CC&A) Rules rpovide that b)        If no written statement of defence is submitted by the Government servant, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it necessary  to do so, appoint, under sub-rule (2), an inquiring authority for the purpose.

 

Thereis no stipulation for the IO to be Govt officer.


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