Discolure of details of complain & complainant
Rama mohan Acharya
(Querist) 21 September 2013
This query is : Resolved
Here is a case of an Central PSU. On the basis of some complaint, the Vigilance Department conducted an investigation of allegation and found an employee guilty of certain misconduct as per the Certified Standing Orders of the Company applicable to that employee. Subsequently,he was charge sheeted as per rules. The explanation being unsatisfactory an inquiry has been instituted . During Inquiry the delinquent employee ha requested for the name & other details of the complaint.
My query is whether the desired information can be provided to the employee? It is pertinent to note that vigilance department"s responsibility is also protect the identity of the complainant. Kindly advise.
Guest
(Expert) 21 September 2013
Mr. Acharya,
Do you feel that the Vigilance has to act as a catalyst and not as analyst?
Suppose, the complainant has made a false complaint, as a Manager, HR (Legal), would you prefer to protect the identity of the false complainant or the employee, who can prove his innosence and honesty on providing adequate opportunity to defend his case as a matter of natural justice? May be the complainant would have made a complaint just to take his own revenge by making the management his blind tool.
The employee has a legal right to call for the additional documents pertaining to the case for the purpose of his defence. Even during the investigation, he could have been told about the nature of complaint against him. For the purpose of investigation, role of document containing a complaint would have ended on completion of the initial investigation. Now for purpose of domestic/ departmental inquiry the complaint should have been made a crucial part of the inquiry.
Now when the Charge Sheet has already been served to the employee, non-supply of the requisite documents woulb be nothing except denial of adequate opportunity to defend his case. Rather, the complainant was required to be made an official/ prosecution witness by the management to prove his allrgation by facing cross-examination from the employee.
