Domestic enquiry

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
workman is chargesheeted on the basis of allegations of misconduct made by another workman.In domestic enquiry is it necessary that the workman making allegations must be examined as first management witness.Any case law ?Regards.

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Guest (Expert) 08 November 2011
Definitely the management witnesses are subject to examined and cross-examined during the inquiry proceedings. If a person prefers to make an allegation against some one, he must be ready to prove that also. Domestic enquiry is not a one-sided affair to be made a source of punishment for a workman merely on an allegation made by some one. If the person making allegation does not appear for examination and cross-examination, not only the charged workman can get exonerated, but also the person making allegation can also be held responsible for making false allegation.

Domestic enquiry has to give an adequate opportunity to the charged workman to defend himself and clear his position and to cross-examine the management witnesses.

prabhakar singh (Expert) 08 November 2011
Yes! it is necessary that the workman making allegations must be examined as first management witness because without his evidence no charge could be proved against employee charged of the delinquency.

M.Sheik Mohammed Ali (Expert) 08 November 2011
yes, i do agreed experts query reply

Sankaranarayanan (Expert) 08 November 2011
i do agree with Mr dhingra

Nadeem Qureshi (Expert) 08 November 2011
mr. dhingra is rightly informed i m agree with him

Querist : Anonymous (Querist) 08 November 2011
It is correct that the person making allegations must be examined as management witness.Is it necessary that he must be first management witness and other witnesses must be in supportive role.If it is not done he may fabricate evidence on the basis of evidence tendered by others.

Kirti Kar Tripathi (Expert) 10 November 2011
The workman making allegation is key witness on his complaint the delinquent workman was charged and his witness is mandatory for management to prove charges as well as the complaint. The management can not deviate from his liability to produceding him in domestic inquiry.

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