Internal enquiry

K K S V SOMESWAR (Querist) 06 October 2013 This query is : Resolved
AN ORGANISATION IS CONDUCTING INTERNAL ENQUIRY AGAINST THEIR EMPLOYEE WHERE PANCHANAMA IS THE ONLY DOCUMENT AGAINST WHICH CHARGES WERE FRAMED. THE PANCHANAMA WAS SIGNED BY POLICE INSPECTOR BUT NOT SIGNED BY THE WITNESSES. THE QUERY IS
1. WHETHER THE ORGANISATION CAN CONDUCT SUCH ENQUIRY WITHOUT WITNESSES TO THE CRIME ?
2. WHAT ARE THE GROUND FOR THE EMPLOYEE TO DEFEND IF ATTENDED ENQUIRY ?
3. THE ORGANISATION IS SO SERIOUS TO DISMISS HIM AS A MAJOR PUNISHMENT. WHAT IS THE RECOURSE TO THE EMPLOYEE ?
4. CAN THE EMPLOYEE RAISE AN OBJECTION TO STALL THE ENQUIRY SINCE NO WITNESSES ARE THERE AND HE IS ALREADY DEFENDING THE CASE IN THE COURT OF LAW ?
ADVANCE THANKS TO EXPERTS !!

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Guest (Expert) 06 October 2013
Mr. Someshwar,

Repeated query, while earlier two quries were with the captions of departmental inquiry, i.e., validity of document and discrepancy in panchnama, where detailed discussion has already taken place on the following link of departmental inquiry:

http://www.lawyersclubindia.com/experts/Department-enquiry-424161.asp

If you feel that the authorities can be forced to withhold or cancel the departmental/internal inquiry on some reply that suits your taste or with the opinion of any expert here, forget about that. Even if you are able to get postponement, the authorities cannot be barred to hold inquiry even after the verdict of the court in the corruption case.

Only defence on merits of the case can help the employee. Anyway, you are welcome to ask as many questions as you feel proper to satisfy you.

Sudhir Kumar, Advocate (Expert) 06 October 2013
You have repeated almost same facts on many threads:-

http://www.lawyersclubindia.com/experts/SEC-66-A-OF-IT-ACT-2008-414206.asp#.UlECoVPQyVE

http://www.lawyersclubindia.com/experts/DISCREPANCY-IN-PANCHANAMA--423246.asp#.UlECmlPQyVE

http://www.lawyersclubindia.com/experts/validity-of-document-423656.asp#.UlECmFPQyVE

http://www.lawyersclubindia.com/experts/department-enquiry-424161.asp#.UlECkVPQyVE

http://www.lawyersclubindia.com/experts/INTERNAL-ENQUIRY-427321.asp#.UlECjVPQyVE

by repeated query the facts are not going to change.

Rajendra K Goyal (Expert) 06 October 2013
Repeated query.

Sarvesh Kumar Sharma Advocate (Expert) 07 October 2013
Repeted again and again

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