Non appearance of complainnat at departmental enquiry
S.B.adil rahman
(Querist) 01 January 2011
This query is : Resolved
A person lodged a complaint of misconduct against a public servant.The department started a disciplinary proceeding after a preliminary inquiry against the employee. In the proceeding the lone witness and the complainant who had lodged allegation are absenting. They are not appearing.What is the merit in this case. Can the employee be punished on the basis of the allegation and preliminary inquiry even when neither the complainant nor the witness is attending the disciplinary proceeding to depose. Kindly advice.
B K Raghavendra Rao
(Expert) 01 January 2011
No. The employee cannot be punished unless the complainant establishes by tangible evidence and documents that the public servant had committed the misconduct. After giving reasonable opportunity for appearance of the complainant and his witnesses, the departmental enquiry shall have to be closed as not proved and the public servant discharged.
Khaleel Ahmed Mohammed
(Expert) 01 January 2011
Inquiry officer should serve the notice to the complainant about the date and time for his or her personal appearance to establish his allegations against the employee. If the complainant failed to appear before the inquiry officer, the inquiry officer will close the allegations against the employee, and report the same to the department.
adv. rajeev ( rajoo )
(Expert) 01 January 2011
When there is no evidence against the employee it amounts that allegation against him was false.
Arun Kumar Bhagat
(Expert) 01 January 2011
Version of Complainant has got no evidentiary value unless it is subjected to cross-examination. The case will be dropped holding it baseless.
niranjan
(Expert) 01 January 2011
I am of the view that when govt.servant commits misconduct which is related to his duty and if during the preliminary enquiry the deptt.has found that such misconduct is committed based on other office witnesses and documentary evidence,the deptt.enquiry can proceed and he could be punished.
Kirti Kar Tripathi
(Expert) 02 January 2011
In the disciplinary proceedings initiated on the basis of complaint of any person, the basis requirement to prove the complaint by complaint and other material witnesses. In the absence of complaint and other key witnesses the disciplinary proceeding will not stand. go through the following citations in this regard.
Complainant not produed to prove the complaint in the domestic enquiry, effect
1. Smt. Shail Shukla, Lady Constable, 1090 CP Versus State of U.P. & others 2005(107) F.L.R. Sum 50 2005 (3) L.B.E.S.R. 183
2. G. Ramnujam Versus Life Insurance Corporation of India 238 F.J.R Vol. XXXII
3.Manab Kumar Guha Versus Union of India 2007 (114) F.L.R. 455
4.Samiullah Khan Versus U.P. State Road Transport Corporation 2006(108) F.L.R. 21
5. Krishna Gupta Versus Displinary Authority and Assistant General Manager, Bank of Baroda & others 2005 (105) F.L.R. 82
Non Examination of key witnesses in the domestic enquiry, Enquiry vitiated on this ground
2-a. P. Erajan, Inspector of Police, District Crime Branch, Salem Versus Deputy Inspector General of Police, Tirunelvelli 2005 (107) F.L.R 535
2-b. U.G. Dalsania Versus Gujrat Electricity Board 2004 (102) F.L.R. 453
Advocate. Arunagiri
(Expert) 02 January 2011
Even if the complainant or his witness are absent, the departmental committee can continue the proceedings if there are evidences available on record.
Ahmed Daud Girach
(Expert) 02 January 2011
When witness is not coming forward he should be issued letters at his known address.may be sent through peon sending two panchas.Record whether witness accepts letter.If he is employee then departmental action should be initiated against him.If not an employee the Delivery of letter must be made by rpad or through peon or through pasting the letter at his home enterance if necessary police may be taken.documentary evidence may also be seen.A electricity board cashier accepted Rs.5000 in quadruplicate book.Issued a receipt to consumer of rs.5000 that was otiginal and on all the remaining three copy deleted one zero meaning accepted rs.500 inconsumers account.Consumer complained but did not turn up in inquiry on documentary evidence only he was terminated.It all matters what type of documentary evidence are.In such cases Boards policy was to terminate employee ignoring procedural matters to set exaple for discipline.In future if such employee comes back Management should not bother as impact of a termination refrains such employee from fraud and that is company's benefit.
Ajay Bansal
(Expert) 03 January 2011
SEE A.I.R. MANUAL.
M/s. Y-not legal services
(Expert) 07 January 2011
