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Ashok Kumar Singh   13 June 2015

Validity of inquiry report of a inquiry officer

An inquiry officer is nominated to inquire the charge-sheet liied against the employee by the disciplinary aoffice. The inquiry officer does not inquire the matter with rules as provided in the law. in this aspect, the inquiry report of the inquiry officer will be effective while no procedure has been taken. Please advice the legality of the inquiry report and on where objections may be filed,



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     13 June 2015

report will be effective if not challanged on the groundof lack of procedure and such challange is possible only if timely objections are filed during inquiry.

 

you have not stated who is employer.

you have not stated at what stage the inquriy is.

SO no more views can be epxressed.

N.K.Assumi (Advocate)     14 June 2015

`There are two kinds on inquiry in DE.One is preliminary inquiry followed by Memorandum of Charges on the basis of preliminary inquiry with documentary evidence and conducting full inquiry by IO or PO. As far as preliminary inquiry it has little or no value by any standard of proof.So you have to find out which inquiry your query is based.The rest has been responded by the above experts.

Dr J C Vashista (Advocate)     14 June 2015

I agree with expert's advise. 

Which department the deliquent official is employed, who is the appointing/ disciplinary authority? Whether memorendum containing articles of charge has been served upon the charge-sheeted official? Whether the deliquent official has been provided with defence counsel of his choice? 

Please submit all details of inquiry especially whether it is preliminary or departemntal inquiry.

Kumar Doab (FIN)     14 June 2015

Agreed with Experts.

Find an able defence counsel and a counsel well versed with such matters and proceed further under expert advise.

 

With proper support you should be able poke holes and defend yourself.

 


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