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Mugundhan (Lawyer)     23 July 2010

Misbehaviour in domestic enquiry

A charge sheeted employee misbehaves in a domestic enquiry. He even turns violent and does not allow the examination of witnesses. In these circumstances what should the enquiry officer do?



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 6 Replies


(Guest)

KINDLY NOTE THAT EMPLOYEE IS CHARGE SHEETED AND CERTAIN ALLEGATIONS ARE MADE FROM THE VIEW POINT OF MANAGEMENT.

BUT EMPLOYEE IS A HUMAN BEING AND HENCE HAS TO FACE SEVERAL PROBLEMS IN HIS REAL LIFE.

DURING HIS SERVICE PERIOD HE WORKS FOR THE ORGANISATION AND WHEN HE BECOMES OLD THERE IS A TENDENCY THAT EMPLOYERS TRY TO REPLACE THE EMPLOYEE AS THEY CAN GET THE WORK DONE FROM SOME OTHER SOURCE AT LESSER COST.

SOMETIMES EGO OF SENIOR OFFICERS OF MANAGEMENT IS HURT AND THEN DUE TO HOT ARGUMENTS ENQUIRY IS CONDUCTED AND POOR EMPLOYEE IS CHARGED WITH SOME CHARGES AND HE REACTS UNEXPECTEDLY.

IN SUCH SITUATION  ALL GOOD COMPANIES SHOULD HANDLE THIS MATTER WITH PATIENCE AND POSTPONE THE HEARING OF THE ENQUIRY .AS DUE TO SOME PROBLEMS EMPLOYEE MIGHT HAVE REACTED RUDELY WHICH MISTAKE HE MAY NOT REPEAT AGAIN ON NEXT DATE .HE SHOULD BE WARNED AND RECALLED ON NEXT DATE.

KINDLY NOTE THA TJUDICIOUS VIEW SHOULD BE TAKEN AND UNNECESSARILY NO ONE SHOULD BE VICTIMISED.BECAUSE IT WILL AFFECT THE REPUTATION OF THE ORGANISATION AND REMAINING EMPLOYEES MAY GET HURT AND MAY NOT GIVE THEIR BEST SERVICES AS THEIR COEMPLOYEE WAS VICTIMISED.

HENCE IT IS ADVISIBLE TO WAIT AND KEEP PATIENCE AND DO NOT TAKE ANY RASH DECISION.

GOOD LUCK.

V.T.Venkataram (Advocate and Consumer Activist)     11 August 2010

The enquiry officer should record the behavior of the delinquent employee, and after advising the employee the consequences of misbehaviour(which also should be recorded), adjourn the enquiry ,preferably giving a gap of 15 days. If the employee persists in his violent behaviour, the enquiry officer can close the enquiry and give his findings on the charges contained in the chargesheet. 

1 Like

Vijayarajan (Executive Director)     05 September 2010

Normally the enquiry officer is in favour of the employer only ( Though indepandant in texts) . So the eployee feels that he is beeing victimised by him also there are chances of misbehaviour. It does not mean that the employee will misbehave always. The enquiry officer can adjourn the case for another date. We the people who are in the practical area know what is what.

1 Like

(Guest)

Dear Mugundhan,

 

Depends upon the attitude of the Inquiry Officer., himself. While an I.O. has necessarily to be an impartial person, normally the Inquiry Officers due to their egoistic attitude try to take and impose arbitrary decisions on the Charged Official. That sometimes makes the C.O.  violent. During the last about 31 years of my practical experience, I have not noticed any c.o. to become violent or to misbehave the I,O., until the I.O. tried to impose his arbitrary decisions or not to accept and record the submissions of the C.O.

 

So, better the I.O. should review his own behaviour during the inquiry process before he raises any question on the behaviour of the C.O..

1 Like

Kumar Doab (FIN)     06 August 2011

Highly experience and learned members and experts from diverse fields who have first hand feel and experience of real life situations, have given strikingly similar and unanimous advice that I.O. tries to step on the toes of the employee and response of the C.O is termed and recorded as misbehavior.

Even a child at home shouts back if wronged.

Responsible organizations, should counsel and train their representatives to acts as, I.O., from personnel, HT, legal cell etc and set measured parameters of conduct and authority with in which I.O can officiate.

It is one of the many evils which needs to be checked in corporate environment.

satyapaulnarang (LEGAL CONSULTANT)     23 July 2017

I have been victimised due to arrrogance of a high court judge who was inquiry officer. When all proceedings of inquiry on the day of inquiry finished and every one left including witnesses after their examination.

It was expected that IO shall submit his report as per evidence. Since being a judicial officer I could have assesed the vidence and it was a case of no evidence. 

Meanwhile a witness in that inquiry sent a letter that his evidence be recorded as afresh as he was being disturbed by the CO and he sould not state true facts and this letter was rejected by IO on 3.2.2005.

But  as heaven fell and while submitting his report the Io made certain observation and also stated that as stated in the order sheet which he supposedly dictated at the time of inquiry the Hon'able Chief Justece may order a vigilance inquiry as to delinquent is in habit of taking liquor during court hours. At this juncture another inquiry was set up and I was placed under suspension. Second  IO took ordeer sheet as gospel truth and base entire assesment on this document. and evidence of that witness whose letter was rejected. I may send the copy of order sheet if required. Please teell me if such misconduct can be done by a IO


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